These Terms of Service (“Terms of Service”) constitute a legally binding agreement between you and BROKERBOTICS LLC, and its affiliates, representatives, members, managers, and officers (collectively, “BrokerBotics”) governing your access and use of BrokerBotics’ automated low-risk options trading service and any related content or services, including the website, https://brokerbotics.com and any other mobile and/or web-based applications (collectively, the “Services”).
Please read these Terms of Service carefully before you start to access or use the Services. BY USING THE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. If you do not want to agree to these Terms of Service, you must not access or use the Services.
PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND BROKERBOTICS, INCLUDING THE ARBITRATION CLAUSE IN THE “MISCELLANEOUS” SECTION BELOW. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. PLEASE REVIEW THE ARBITRATION CLAUSE IN THE “MISCELLANEOUS” SECTION BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH BROKERBOTICS ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
The Services are offered and available to users who are eighteen (18) years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with BrokerBotics. If you do not meet all of these requirements, you must not access or use the Services.
BrokerBotics may, in its sole discretion, immediately terminate these Terms of Service or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
BrokerBotics may update the content of the Services from time to time, but its content is not necessarily complete or up-to-date. Any content may be out of date at any given time, and BrokerBotics is under no obligation to update such material.
BrokerBotics reserves the right to modify these Terms of Services at any time, effective immediately upon the posting of an updated version of these Terms of Service through the Services. Your continued use of the Services following the posting of modified Terms of Service means that you accept and agree to such modifications. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
THE SERVICES
Informational Purposes Only
The information presented through the Services is made available solely for general information purposes and as a self-help tool for your personal use. BrokerBotics does not warrant the accuracy, completeness, or usefulness of this information. Accordingly, you should not rely on the Services in making any investment. Any reliance you place on such information is strictly at your own risk. BrokerBotics disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any of its contents.
Not Legal or Financial Advice
You should always check with your financial, investment, legal, tax and/or other professional advisors to determine the suitability of any investment. BrokerBotics does not hold themselves out to be attorneys, accountants financial advisors, or investment advisors, nor does any information presented through the Services constitute legal, accounting, investing or other professional advice to you. You acknowledge and agree that the Services are not intended to be a substitute for the legal, accounting, financial investing, or other professional advice that can be provided by your own professional advisors.
Personal Responsibility
You agree that the information you provide to BrokerBotics through the Services will be accurate. You acknowledge that you are voluntarily using the Services and that you are solely and personally responsible for your choices, actions, and results in connection with that use, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of the Services, and you agree to use your own judgment and due diligence in connection with your use of the Services.
No Guarantees
You acknowledge and agree that no promise or guarantee of success or profitability has been made between you and BrokerBotics.
Third-Party Information
The Services may provide content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BrokerBotics, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BrokerBotics. BrokerBotics is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Accessing the Services and Account Security
In order to use most aspects of the Services, you may be asked to register for and maintain an active personal user Services account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit to BrokerBotics certain personal information, such as your name, age, address, telephone number, email address, billing information, credit card or payment information, demographic information, preferences, interests, or other personally identifying information. For more information regarding BrokerBotics’ use of your personal information, please see the “Privacy Policy” section of these Terms of Service. You agree to maintain accurate, complete, and up-to-date information in your Account. Unless otherwise permitted by BrokerBotics in writing, you may only possess one Account and you may not assign or otherwise transfer your Account to any other person or entity.
By providing personal information to BrokerBotics, you grant BrokerBotics permission to use and store such personal information. BrokerBotics, in turn, will use commercially reasonable efforts to keep such personal information safe, secure, and confidential. However, BrokerBotics expressly does not warrant or guarantee the security of your personal information or of any other data or information transmitted to BrokerBotics or through the Services; therefore submitting personal information or other data or information will be done solely at your own risk.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. BrokerBotics does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. BrokerBotics is not responsible for any delays, delivery failures, or damage, loss, or injury resulting from such problems.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times. If you choose, or are provided with, a username, password, or any other piece of information as part of BrokerBotics’ security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify BrokerBotics immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
BrokerBotics retains the right to disable any username, password, or other identifier, whether chosen by you or provided by BrokerBotics, at any time in BrokerBotics’ sole discretion for any or no reason, including if BrokerBotics believes you have violated any provision of these Terms of Service.
Communications with BrokerBotics
By creating an Account, you electronically agree to accept and receive communications from BrokerBotics or third parties providing services to BrokerBotics including via email, text message, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to BrokerBotics.
In the event you use part of the Services that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of the services you request; the transportation, logistics, and/or delivery requested; and the associated charges for such services. You acknowledge that such data sharing is a condition of use of any such BrokerBotics product or service.
Purchases
If paying for any Services by debit card, credit card, or other merchant account such as PayPal or ApplePay, you give BrokerBotics permission to automatically charge your credit or debit card as payment for such Services without any additional authorization. If you fail to make payment in a timely manner in accordance with these Terms of Service or by the due date set by BrokerBotics, or you voluntarily decide to withdraw from such Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Services purchased. All information obtained during your purchase or transaction for the Services and all of the information that you give as part of the transaction, such as your name, address, email address, telephone number, method of payment, debit/credit card number, and billing information, may be collected by both BrokerBotics and its payment processing company. You agree to only purchase Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, email address, telephone number, method of payment, debit/credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use the Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
These Terms of Service contain an express “Refund Policy” to which you must agree prior to completing the purchase of any Services. Accordingly, BrokerBotics does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or BrokerBotics receives a chargeback threat during or after your purchase, BrokerBotics reserve the right to report the incident to all credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of BrokerBotics’ affiliates, or any other individual or company through a link provided on or through the Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence, or business dealings with any affiliate, individual, or company on or through the Services, and all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that BrokerBotics shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from those of BrokerBotics. BrokerBotics has no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through the Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant, or BrokerBotics that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly. You release BrokerBotics, its affiliates, its payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against any of the foregoing parties, arising from your purchase through or use of the Services.
Refund Policy
Your satisfaction with the Services you purchase is important to BrokerBotics. Regarding any such Services, BrokerBotics will promptly refund your payment(s) so long as BrokerBotics is contacted within the appropriate time frame specified within these Terms of Service or by BrokerBotics at the time of purchase. By using and/or purchasing any of the Services, you understand and agree that all transactions and sales are final and BrokerBotics is not required under any circumstances to refund payments outside of the specified period unless BrokerBotics so chooses.
You may cancel your subscription to the Services at any time. In the event you choose to cancel, your subscription will remain active for the remainder of your paid billing period. When the billing period ends, your cancellation is effective, your Account will be deactivated, and you will no longer have access to the Services.
Intellectual Property Rights
The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain BrokerBotics’ property or the property of BrokerBotics’ licensors. These Terms of Service are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by BrokerBotics, except for the limited license granted below.
Subject to your compliance with these Terms of Service, BrokerBotics grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal devices; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are expressly reserved by BrokerBotics and its licensors. You agree that you will not use BrokerBotics’ copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Services, without express, written permission from BrokerBotics. This prohibition includes use in domain names, websites, and social media accounts. You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by BrokerBotics; (iii) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Notwithstanding the foregoing: (i) your computer may temporarily store copies of the above materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may download a single copy of any mobile and/or web-based applications connected to your use of the Services to your computer or mobile device solely for your own personal, non-commercial use; (iv) you may print or download one (1) copy of a reasonable number of pages of such mobile and/or web-based applications for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (v) you may establish a hypertext link to the Services so long as the link does not state or imply any sponsorship, endorsement by, or ownership by BrokerBotics (however, you may not frame or inline link the Services without BrokerBotics’ written permission).
If you violate any terms of this section, your right to use the Services will stop immediately and you must, at BrokerBotics’ option, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
“BrokerBotics,” the BrokerBotics logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of BrokerBotics, its affiliates, or their respective licensors. You must not use such marks without the prior written permission of BrokerBotics. All other names, logos, product, and service names, designs, and slogans displayed in connection with the Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Services. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without BrokerBotics’ prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate BrokerBotics, a BrokerBotics employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To cause nuisance, annoyance, inconvenience, damage, or loss to BrokerBotics or any other users of the Services.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of BrokerBotics, or which, as determined by BrokerBotics, may harm BrokerBotics or any other users of the Services, or expose any of the foregoing to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without BrokerBotics’ prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the foregoing is stored, or any server, computer, or database connected to the foregoing.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the Services.
RISK DISCLOSURES
By accepting these Terms of Service, you acknowledge and agree to the following risk disclosures.
General Marketplace Risks
Options Trading
Options trading generally is not appropriate for someone of limited resources and/or limited investment or trading experience or someone with low-risk tolerance. The risk of loss in trading options and other securities can be substantial. Consider all relevant risk factors, including your own personal financial situation, before engaging in any options trading. The possibility exists that you could sustain a substantial loss which could total more than your initial investment in a short period of time. Therefore you should not invest money that you cannot afford to lose. In particular, you should not fund options trading activities with retirement savings, student loans, second mortgages, emergency funds, or funds required to meet your living expenses. If you have any questions or concerns regarding the risks associated with trading, you should confer with a trusted and reliable, independent financial advisor. None of the Services provided by BrokerBotics constitutes a solicitation to trade any option or any investment or security of any kind.
Options
Options are widely considered a volatile investment class and are priced according to complex factors involving (among other factors) price, the volatility of the underlying asset, time until expiration, and interest rates. By their nature, therefore, options involve a high degree of financial risk. Risks associated with acquiring options include (without limitation): (i) the risk of losing your entire investment increases as the option goes out of the money and as expiration approaches; (ii) the risk that certain options do not have secondary markets on which to sell them, meaning that their value can only be realized upon expiration; (iii) the risk that a particular option contract may have specific exercise provisions that create additional risk; (iv) U.S. or other regulatory agencies may impose regulations or rules that impair your ability to realize value from options; and (v) the risk of losing your entire investment in a relatively short period of time. You should familiarize yourself with the type of options (i.e. put or call) that you contemplate trading and the risks associated with them (not all of which are captured in these Terms of Service). In addition, options (unlike several other classes of securities) expire, thereby losing any value they might have if not sold or exercised prior to that expiration. This imposes a particular obligation on an options trader to ensure that their options are traded or exercised in a timely fashion.
Claims about Options Trading
Be wary of advertisements or other claims of large profits in options trading. While options trading can offer opportunities for potential gains, it is essential to approach any promises of substantial profits with caution and skepticism. Advertisements or claims of large profits in options trading often highlight exceptional scenarios which may not be representative of typical or average results. It is crucial to understand that trading involves inherent risks, and there are no guarantees of consistent or extraordinary profits. Furthermore, the performance of options trades can be influenced by various factors, including market conditions, volatility, economic events, and individual trader decisions. The potential for profits also comes with an inherent risk of losses. It is important to carefully assess the risk-reward ratio, as well as other potential factors, of each trade and establish appropriate risk management strategies. It is crucial to exercise due diligence and critically evaluate any investment opportunity or trading strategy before making decisions. Independent research and analysis are essential to understand the risks associated with options trading fully. Remember, trading involves uncertainties, and the outcome of any trade cannot be guaranteed. The potential for profits in options trading is always accompanied by the risk of losses. It is important to only trade with funds that you can afford to lose and to establish a diversified portfolio that aligns with your financial goals, risk tolerance, and investment horizon.
Option Contracts
Options, and the trading of options, are typically governed by a series of complex contracts. The intent of the legal documents and contracts might be unclear, and even clear drafting could be misconstrued by counterparties or by judges and arbitrators. A dispute over the interpretation of any of these documents or contracts could arise, which may result in unenforceability of the contract or other outcome that is adverse to you.
Underlying Securities
Options relate to underlying securities whose identifying characteristics, such as ticker symbols or other attributes, may change with little warning. A company might undergo a stock split, reverse stock split, spin-off, consolidation, or other corporate transaction that could affect the value of its equity interests independently of market trading. This, in turn, might have an effect on the effectiveness of your option positions. BrokerBotics is not obligated to provide you information regarding any change to the capital structure or other change to underlying issuers, and you are responsible for performing your own research in connection with the issuers to which your options relate.
General Economic and Market Conditions
The options market will be affected by general economic and market conditions, as well as by changes in laws, currency exchange controls, and international, national, and regional political and socio-economic circumstances. The options market may be sensitive to general swings in the overall economy or particular industries or geographies. Factors affecting economic conditions, including, for example, inflation rates, currency devaluation, exchange rate fluctuations, industry conditions, competition, technological developments, domestic and worldwide political, military and diplomatic events and trends, and innumerable other factors outside of your control and that of BrokerBotics, which can materially and adversely affect the availability or desirability of segments of the options market.
Regulators of Options and the Options Market
The courts, the Securities and Exchange Commission, another regulatory agency (whether the U.S. or otherwise), or the options markets themselves may, in the future impose additional restrictions on option trading. This could have an adverse effect on your existing portfolio of options or your options-trading generally.
Taxation
The trading of options can impose tax burdens and tax filing obligations on trade participants. Such considerations are complex and highly personal. You are urged to consult with your tax advisors with respect to your tax situation and the effect of engaging in options trading.
Counterparty Risk
The trading of options will leave you exposed to the risk that third parties that owe you money, securities, or other assets will not perform their obligations. These parties include trading counterparties, brokers, clearing agents, exchanges, clearinghouses, custodians, and other financial intermediaries. These parties may default on their obligations to you or to another third party due to bankruptcy, lack of liquidity, internal failure, or other reasons. Even outside these risks, certain counterparties (such as brokers, exchanges, and other intermediaries) may charge you commissions or impose other transaction expenses on you, which will be payable even if the associated transaction is not profitable. Accordingly, when trading options, you should determine the extent to which the value of the options must increase for your position to become profitable, taking into account all transaction costs.
Past Results Are No Guarantee of Future Performance
There can be no assurance as to any particular financial outcome based on the use of the Services. Past results of any individual trader, trading system, bot, bot template, strategy, or backtest published by BrokerBotics are not indicative of future returns that may be realized by that individual trader, trading system, bot, bot template, strategy, or you. Similarly, it should not be assumed that the methods, techniques, or indicators presented in these products and/or services will be profitable or that they will not result in losses. Any earnings or income statements or examples shown in the Services are only estimates and are provided only for informational purposes.
Risks Associated with Investment Activity
Brokerage Risk
The Services are not a trading platform, nor does it allow you to trade options or other securities; it instead is a portal through which you may be able to, if desired, access your personal brokerage account that you maintain with a third-party broker. You should refer to the brokerage agreement between your broker and you for how, if at all, any losses arising from these risks are allocated between your broker and you, for which BrokerBotics bears no responsibility. Delays within and between your system, as well as those of your broker and the market in which you are seeking to effect trades, might cause orders, corrections, and cancels to be placed or not placed in ways that are not desired. You may receive incorrect information, or be unable to get information about your orders, your positions, or market conditions. Incorrect actions may be taken, or correct actions may not be taken because of inaccurate or missing information.
No Assurance of Investment Return
BrokerBotics cannot provide assurance that you will be able to choose, make, and realize trades in options in any particular company or portfolio of companies. There is no assurance that you will be able to generate returns or that the returns will be commensurate with the risks of investing in options generally, or that you will receive a return of its capital. Trading stocks or options should only be considered by persons who can afford a loss of their entire investment. BrokerBotics has made any representations as to the physical, mental, emotional, spiritual, or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your accessing of, or use of, the Services. BrokerBotics cannot and does not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through your access of or use of the Services.
No Investment Advice
Although the Services may contain general, academic, or educational discussions of securities, such discussions are not solicitations of any kind nor a recommendation to buy or sell a particular financial security or product. Such discussions are not, and should not be construed to be, investment advice under any circumstances. Accordingly, you should not rely solely on the Services in making any investment. BrokerBotics strongly recommends that you seek the advice of your licensed financial, investment, tax, legal, or other professional advisors to determine the suitability of any investment.
No Legal, Accounting, or Financial Advice
The Services are not intended to be perceived as, or relied upon, as legal, accounting, or financial advice. BrokerBotics not a law firm, accounting firm, or financial advisory firm and does not provide legal, accounting, or financial advice. The information provided through the Services is not intended to be a substitute for the professional advice that can be provided by your own accountant, lawyer, or financial advisor.
Regulatory Considerations
BrokerBotics is not a licensed financial advisor, registered investment advisor, registered broker-dealer, or FINRA/SIPC/NFA member firm. As a result, you may not receive the protections or benefits to which you might be entitled were this not the case.
Risks Involving the Services and Terms of Service
Assumption of Risk
As with all situations, unknown individual risks and circumstances can arise during the use of the Services that cannot be foreseen, and that can influence or reduce results. You recognize and agree that any mention of any suggestion or recommendation contained, or that you believe to be contained in the Services is to be taken at your own sole risk, with no liability on BrokerBotics’ part.
Errors and Omissions
The Services may contain inaccuracies or typographical errors. BrokerBotics is not responsible for the views, opinions, or accuracy of facts referenced on or through the Services, or of those of any other individual or company affiliated with BrokerBotics in any way. BrokerBotics is not responsible for the accuracy of the Services, or for any errors or omissions that may occur in connection therewith.
Technology
BrokerBotics does not guarantee that your access to the Services will not be suspended or restricted from time to time, including (without limitation) to allow for repairs, maintenance, or updates, as a result of third-party denial-of-service or other attacks, or through circumstances outside BrokerBotics’ reasonable control. To the fullest extent permitted by law, BrokerBotics will not be liable to you for damages or refunds, or for any other recourse, should any of the Services become unavailable or should access to them becomes slow or incomplete for any reason, such as (without limitations) system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Services inaccessible to you.
Reporting or Displaying Financial Data
The Services display historical and current financial information about individual companies and users’ options strategies in, among other places, its Win Rates, Expected Value (EV), Alpha, Probability of Profit (POP), Rate of Return (ROR), and Bullish/Bearish indicators. These and all other financial data reported through the Services either come from third-party sources whose accuracy has not been independently verified by BrokerBotics or are a composite of anonymized user data or activity that BrokerBotics has compiled for informational, educational, or entertainment purposes. In no case does BrokerBotics guarantee the accuracy or completeness of that information, nor should users rely on that information when making their own independent investment decisions. Some financial data or displays may be the product of backtesting, where an option strategy or trading algorithm is applied historically to an earlier market period. While this may prove educational or entertaining, backtesting should never be relied upon for making investment decisions about strategies or systems as that strategy or time period may have been chosen to highlight a particular process or effect, and/or backtesting in general relies on historical information which cannot predict future markets. You should exercise caution and discretion when reviewing financial data through the Services, whether provided by BrokerBotics or other users, and should not use that data as the basis for any independent investment decision.
Earnings & Dividend Data
The Services display historical, current, and estimated financial information about individual companies, including but not limited to, earnings dates, earnings announcement time, estimated earnings per share (EPS), estimated revenue, ex dividend date, dividend amount, yield, pay date, record date, among other data (the “Earnings and Dividend Data”). These and all other Earnings and Dividend Data reported through the Services come from third-party sources whose accuracy has not been independently verified by BrokerBotics. While the information obtained from sources is believed to be accurate and reliable, BrokerBotics does not guarantee or warrant: (i) the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of this Earnings and Dividend Data; or (ii) that the Services as a result are free from errors or other material defects. Furthermore, BrokerBotics does not represent or warrant the Earnings and Dividend Data, or access to the Earnings and Dividend Data, or that access will be uninterrupted or error-free, or that errors in the Earnings and Dividend Data will be corrected.
No Endorsement
References or links in the Services to the information, opinions, advice, programs, products, or services of any other individual, business, or entity do not constitute a formal endorsement by BrokerBotics of such other person. BrokerBotics is not responsible for the website content, blogs, e-mails, videos, social media, programs, products, and/or services of any other person, business, or entity that may be linked or referenced in the Services. Conversely, should the Services link appear in any other individual’s, business’s or entity’s website, program, product, or services, such appearance does not constitute BrokerBotics’ endorsement of them, their business, or their website.
Affiliates
From time to time, BrokerBotics may promote, affiliate with, or partner with other individuals or businesses whose services align with BrokerBotics’. In some cases in connection therewith, BrokerBotics may receive financial compensation or other consideration from such individuals or businesses. You acknowledge that such promotion or marketing by BrokerBotics does not serve as any form of endorsement of such product or service whatsoever. You acknowledge and agree that you are still required to use your own judgment to determine that any such program, product, or service is appropriate for you and that you assume all risks in connection with your use of any program, product, or service that may promote, market, share or sell on or through the Services.
Testimonials
The Services may present experiences, testimonials, and insights by users of BrokerBotics’ products and/or services. Such experiences reflect the opinions of such users and are provided for the purposes of illustration only. The experiences are personal to those particular users and may not necessarily be representative of all users of BrokerBotics’ products and/or services. BrokerBotics does not claim, and you should not assume that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the Services are submitted in various forms such as text, audio and/or video, and are reviewed by BrokerBotics before being posted. They appear through the Services as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity, where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect BrokerBotics’ views and opinions. Some users may have been solicited and compensated.
Arbitration
These Terms of Service require the use of arbitration, rather than a trial by jury or a bench trial, to resolve disputes arising under or in connection with these Terms of Service (including these risk disclosures) and the Services. This may limit the remedies available to you in the event of a dispute. You fully understand and agree that by accessing or using the Services (including, without limitation, by enrolling in, purchasing, and/or using any of the Services) that you are thereby voluntarily waiving certain legal rights.
Links to Other Websites; Third-Party Information and Websites
The Services may provide links and pointers to other websites maintained by third parties that may take you outside of the Services. These links are provided for your convenience, and the inclusion of any link in the Services to any other website does not imply BrokerBotics’ endorsement, sponsorship, or approval of that website or its owner. BrokerBotics does not endorse, and BrokerBotics is not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in the Services, or their accuracy or reliability. BrokerBotics assumes no responsibility for errors or omissions caused by other websites that may be included in the Services. BrokerBotics has no control over the contents or functionality of those websites and so it accepts no responsibility for any loss, damage, or otherwise, that may arise from your use of them, and therefore it does not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Risks Involving Automations
Automations, Generally
Through the Services, you may have access to option trading automations (the “Automations”). You agree not to use any Automation until you have reviewed and agreed to these Terms of Service (including these risk disclosures). You understand that BrokerBotics is not in any way responsible to you for the contents of, performance of, or results from using any Automation. You acknowledge that the BrokerBotics does not recommend, endorse, or encourage the use of any specific Automation. You agree to manage your own open positions on a brokerage’s platform should an Automation fail with respect to such positions for any reason. You acknowledge that Automations are a sophisticated tool and represent that you have the requisite sophistication to use them, if you do, prudently. You acknowledge that BrokerBotics has not guaranteed your access to the Automations and that it may suspend or end the operations of any or all Automations at any time, or limit or completely restrict your access to them, for any or no reason. Finally, you agree that any use by you of any and all Automations is strictly at your own risk.
Relation to Other Risk Disclosures
Because Automations can, by enabling communication with a third-party broker, involve the trading of options, their use is subject to the “General Marketplace Risks” and “Risks Associated with Investment Activity” sections of these risk disclosures. In particular, because the Automations can only interact with a third-party broker, and that third-party broker will make the independent determination of whether or not to place any orders communicated through an Automation, the use of Automations is subject to the risks set forth in “Brokerage Risk” above. Finally, because Automations are an element of and provided through the Services, their use is subject to the “Risks Involving the Services and Terms of Service” set forth above.
Your Use of Automations
You understand that an Automation, once turned on by you, may, by acting independently of you according to governing rules which you previously established and/or to which you previously agreed, lead to consequences unforeseen by you or differing from those that would have resulted had you acted directly rather than through such Automation. Risks inherent in creating, testing, and executing trading strategies through Automations include risk that the Automation may not (i) function as you had intended; (ii) achieve the desired result; (iii) perform or react to market conditions or data as expected; and (iv) be appropriate for the market conditions at the time of execution. No matter how well designed and tested an Automation may be, the results are not wholly predictable, and performance may be subject to numerous unforeseen factors. Past performance is not an indication of future results. An Automation may be designed on the basis of an incorrect understanding of: (i) how the Services work; (ii) how an Automation works; (iii) the operation of the trading markets for the securities to which your Automation is addressed; (iv) how the different systems comprising those markets interact; (v) the costs of executing the trades performed by your Automation; or (vi) how your Automations interact with your brokerage account, your broker, or other third parties or third-party websites or systems.
“Allocation” Field in the Automation Menu Only Sets Opening, Not Closing, Cap for Options
Setting the “Allocation” field in the Automation menu only establishes the maximum price for opening a position and does not affect the maximum price for closing that position. It is possible that the costs of closing a position could exceed the value you set in the “Allocation” field for opening that position. In other words, the “Allocation” field does not cap the amount of money that may be at risk in connection with a trade.
User Override of Automations’ Positions
While users can set capital and position limits while designing an Automation, you have the ability to manually override that Automation even after it is turned on. This option, although it gives you greater control and flexibility, also means you can depart from your previously-considered plan with an Automation. This could lead to the assumption of greater risk than was originally contemplated with the initial Automation configuration.
Investment Strategy of Automations
All users of Automations must determine for themselves what specific investments to make or not make and are urged to consult with their own independent financial advisor with respect to any investment decision. You bear responsibility for your own investment research and decisions, your decision whether or not to seek the advice of a qualified securities professional before making any investment, and your investigation of any and all risks before employing an Automation. The fact that the Automation allows you to do something is not an endorsement of that action by BrokerBotics.
Accounting for Changes to Underlying Securities
Automations will not automatically reflect changes to the underlying securities to which their option strategy relates. For instance, an issuer may change its ticker symbol, which could render an Automation unable to complete a pre-programmed trade that relied on the old symbol. Similarly, an issuer might undertake a stock split, reverse stock split, spin-off, consolidation, or other corporate transaction that could affect the value of its equity interests independently of the range of value contemplated by an Automation. For instance, if an issuer splits its common stock 100%, the value of each share of such stock will decrease 50% automatically, even though the value of the company remains constant. BrokerBotics is not obligated to provide you information regarding any change to the capital structure or other change to underlying issuers, and you are responsible for performing your own research in connection with the issuers whose securities are the subject of your Automations.
User’s Human Error in Automations
Your use of Automations may be subject to user error. Such errors could include entering incorrect fields (including ticker symbols) or inadvertently turning the Automations “on” or “off.” Even if your Automation works as intended, it could produce adverse results through non-optimal strategies or “setting and forgetting.”
Counterparty Risk of Automations
Even if your Automation is working as expected, your broker may reject orders in error or by design, incorrectly execute orders, or induce errors through unexpected behavior (such as returning messages out of sequence, incorrectly acknowledging orders, or posting incorrect execution reports).
Risks Involving Broker Integrations
General
BrokerBotics may provide Application Programming Interface (“API”) integrations with one or more brokers through which users may choose to communicate with such brokers (including, potentially, placing orders with such brokers) (such connections, collectively, “Integrations”). Integrations are technically complex and involve the collaboration of both BrokerBotics and the broker associated with an Integration. Integrations may be subject to errors from the BrokerBotics side, from the broker side, or from unknown origin. While BrokerBotics strives to minimize such errors, the complexity of the project, and the role of third parties and emergent events, means that BrokerBotics cannot, and does not, guarantee the availability or error-free performance of an Integration. Similarly, BrokerBotics cannot, and does not, guarantee that communications through an Integration will be carried out, or will be carried out as expected by a user, or lead to results expected by a user. All users are responsible for independently confirming that all communications through an Integration have been accepted and implemented by the associated broker without error. Additionally, all users may at any time cancel or refrain from using an Integration, and users retain the ability to trade independently of any Integration. Users should weigh the respective benefits of these alternatives when deciding whether to use any Integration.
Broker Risks
For purposes of these risk disclosures, a “broker,” also known as a brokerage firm or a broker- dealer, is an entity that is permitted to buy and sell securities for its clients under applicable state and federal law, typically through that broker’s membership in a securities exchange. Even if BrokerBotics operates an Integration without error, counterparty risks exist on the broker’s side. A broker’s system may have errors that prevent a communication from being timely communicated or that changes a communication in a way unintended by the user.
Brokers may not devote sufficient resources to running, monitoring, and trouble-shooting an Integration. Brokers may offer limited or no remedies for errors arising from an Integration, which could include deleted or modified orders from a user. Each broker operates completely independently of BrokerBotics, and so BrokerBotics has no way of ascertaining that a broker is correctly running its end of an Integration, or that user communications are being appropriately received and acted upon. At any time a broker or BrokerBotics may decide to terminate the Integration with little or no notice to each other or the user. The risk of using an Integration lies solely with the user, and you agree that BrokerBotics will not provide any refund or other remedy if an Integration terminates, is unavailable for any period of time, errs, or otherwise fails to operate properly or changes its terms adversely to you.
Contact
If you have any questions regarding these risk disclosures, please contact BrokerBotics pursuant to these Terms of Service.
YOU ARE A NON-PROFESSIONAL
By accepting these Terms of Service, you represent and warrant that you are a “Non-Professional” as defined by the New York Stock Exchange.
The purpose of this section is to determine whether you are a “Non-Professional.” You are a “Non-Professional” if you are a legal person and the following statements are and will continue to be true for so long as you receive data as a Non-Professional:
- You are either a “natural person” (an individual human being) or a Qualifying Trust. You are not a corporation, partnership, limited liability company, or other form of entity (including any form of trust that does not qualify as a Qualifying Trust). For purposes of this section, as “Qualifying Trust” means (a) any irrevocable or revocable trust (i) which has only one (1) trustee, who is a natural person and is not receiving any compensation for acting as trustee and (ii) of which the only Current Beneficiaries are any one (1) or more of the trustee and the immediate family members of the trustee (i.e., a spouse, child, parent, sibling, grandparent, or grandchild, or any person for whom the trustee serves as a legal guardian); and (b) any custodial account established under a Uniform Transfers to Minors Act or similar state statute (i) which has only one custodian, who is a natural person and is not receiving any compensation for acting as custodian and (ii) of which the beneficiary is a lineal descendant (i.e., a child, grandchild, etc.) of the custodian. For purposes of this section, “Current Beneficiary” means a beneficiary to whom the current income or principal of the trust may or must then be distributed, ignoring the possible exercise of any then unexercised power of appointment.
- If you are a natural person, you shall use the data solely in connection with your personal investment activities and the personal investment activities of your immediate family members (i.e., a spouse, child, parent, sibling, grandparent, or grandchild, or any person for whom you serves as a legal guardian) and Qualifying Trusts of which you are the trustee or custodian. If you are a Qualifying Trust, you shall use the data solely in connection with your personal investment activities. In any case, you shall not use the data in connection with any trade, business, professional, or other commercial activities.
- You are not a “Professional.” For a natural person who works in the United States, a “Professional” is a natural person who is: (a) registered or qualified with the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange/association, or any commodities/futures contract market/association; (b) engaged as an “investment adviser,” as that term is defined in the Investment Advisers Act of 1940 (whether or not registered or qualified under said Act); or (c) employed by a bank or other organization exempt from registration under federal and/or state securities laws to perform functions that would require you to be so registered or qualified if you were to perform such functions for an organization not so exempt. For a natural person who works outside of the United States, a “Professional” is a natural person who performs the same functions as someone who would be considered a “Professional” in the United States.
You agree to notify BrokerBotics promptly if your circumstances change such that any of the foregoing statements would no longer be true for you.
TRADIER
By accepting these Terms of Service, you acknowledge and agree to the Tradier Application Program Interface User Agreement (“Tradier Agreement”), appended below as “Exhibit A,” which supplements the Tradier Brokerage Inc. Customer Agreement (“Customer Agreement”). You acknowledge that you consent to be legally bound by this Tradier Agreement and accept as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, notice by electronic means, including, the posting of modifications to this Tradier Agreement, on the website of Tradier Brokerage Inc. (“TBI”), https://www.brokerage.tradier.com. You also acknowledge and agree that TBI may modify the Tradier Agreement from time to time without notice and you agree to consult TBI’s website from time to time for the most up-to-date Tradier Agreement.
EXHIBIT A
APPLICATION PROGRAM INTERFACE USER AGREEMENT
Terms not otherwise defined herein shall be the same definitions provided in the Customer Agreement.
1. Definitions.
- API means the Application Program Interface made available to you through which you: (i) access certain information, including information delivered to the API by TBI and/or a Third Party Provider; (ii) communicate certain information and instructions to TBI; and (iii) perform and receive access to other applications and functionality made available to you by Third Party Provider.
- Information means your personally identifiable information (including, without limitation, username, logon password, financial information, trade data, and other financial information) and all data exchanged between TBI and API.
- Third Party Provider(s) means the third party (non-affiliated) entity that makes available applications, features and functions through use of the API.
2. Access to Your Personal Information. Through your use of API, you may be providing Third Party Providers with access to your Account(s) and Information. By consenting to the use of API, you agree that API may employ security, policies, procedures and systems of the Third Party Providers which may or may not be less stringent and secure than our policies, procedures, and systems. You agree that that your use of API shall be subject to the policies, procedures and applicable customer agreement of API. You understand and agree that TBI is not a party to any agreement by or between you and Third Party Provider. You understand and agree that API may deliver Information to TBI; that TBI is authorized to receive and store any and all Information consistent with TBI’s policies and procedures in place at that time, and, furthermore, you agree that API may request Information stored by TBI and you consent to TBI’s communication of such Information and Account data to API.
3. Third Party Provider Sites. Material provided on API has been produced by independent providers unaffiliated with us. To the extent that API or Third Party Providers express opinions or make recommendations to purchase or sell securities, you understand that such opinions and recommendations are expressed by Third Party Provider and are not the opinions or recommendations of TBI. The existence of API and our consent to any connectivity between API and our technology and/or Web site and/or trading platform(s) does not constitute a recommendation by TBI to invest in any security or utilize any investment strategy. The existence of API and our consent to any connectivity between API and our technology, Web site or trading platform(s) does not constitute a representation, warranty or other guarantee by us as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investments. The existence of any and all information, tools, and services provided by Third Party Provider and/or by API shall not constitute our endorsement of Third Party Provider and/or API.
4. Data Provided by TBI to API. TBI uses market data feeds received from DTN for quotes provided on our API TBI cannot guarantee that the market data feed will be identical to all other market data feeds. Furthermore, Third Party Providers may make available to you market data feeds independent of market data feeds provided by us on the API. You should be aware that from time to time that there may be inconsistencies between the market data presented on the TBI Web site and information provided by Third Party Providers due to a variety of reasons, including the time to update and transmit such data to a web site and delays caused by Third Party Provider’s and/or your local environment (equipment, configuration, connection speed, etc.) TBI is not responsible for the accuracy of market data displayed on API or made available by Third Party Providers.
5. Risks Regarding Orders. Due to circumstances outside of TBI’s control, there may be delay between the time an order (or other Information) is submitted from API and the time the order is received by TBI. These delays may also affect order modification and order cancellation requests. The time an order or a request is actually received by TBI (including for execution) will be the official time of receipt, including for the purposes of routing the order to the market for execution. In addition, all orders submitted to TBI are subject to review by TBI. Orders created and submitted through API are not reviewed until they are received by TBI. Please note that TBI may reject an order placed through API. TBI cannot guarantee that the order will be accepted when the order is routed to the market for execution, and TBI cannot guarantee that notifications and Information provided to you by TBI will be successfully delivered to or displayed by API.
6. Intellectual Property. Your use of API will not confer to you any title, ownership interest or intellectual property rights that otherwise belongs to TBI The TBI Web site, including content, is protected under U.S. patent, copyright laws, international treaties or conventions and other laws and will remain our exclusive property, as applicable. Company names, logos and all related product and service names, design marks and slogans displayed by or relating to TBI or any of its affiliates or Third Party Providers in the context of API shall remain the property of the respective owner and use of such property by TBI or Third Party Provider in marketing or provision of API does not entitle you to use or grant ownership of any such name or mark in any manner.
7. Electronic Signatures. You agree that your intentional action in electronically signing this Agreement is valid evidence of your consent to be legally bound by this Agreement. The electronically stored copy of this Agreement is considered to be the true, complete, valid, authentic and enforceable record of the Agreement, admissible in judicial or administrative proceedings to the same extent as if the records and documents were originally generated and maintained in printed form. You agree to not contest the admissibility or enforceability of TBI’s electronically stored copy of the Agreement in any proceeding arising out of the terms and conditions of the Agreement. If more than one individual has electronically signed this Agreement, your obligations under this Agreement will be joint and several and identical to the obligations of joint signatories that have signed a paper Agreement.
8. Customer Representations and Warranties. You represent and warrant that:
- By virtue of utilizing API, you consent to and accept any risk associated with your sharing of Information with any Third Party Providers and shall not hold TBI, its officers and employees responsible for any damages or losses resulting from the sharing of the Information.
- TBI shall not be liable for any losses as a result of issues addressed in Sections 4 and 5 of this Agreement nor shall we be liable for any losses realized for technical issues involving API and/or Third Party Provider technology or product offerings (including, but not limited to, system outages or downtime or systems support activities).
- You are solely responsible for investment research provided by API or Third Party Providers, and TBI makes no representations, warranties or other guarantees as to the accuracy, timeliness or efficacy of any market data, information, or other functionality made available by API or Third Party Provider.
- Your use of API or Third Party Provider content, information, technology, or functionality is at your own risk, and you understand that we may revoke an API’s authorization at any time, for any reason, with or without cause and without prior notice to you.
MARKET DATA
The Services may give you access to real-time market data regulated by the Options Price Reporting Authority (OPRA), the Chicago Board Options Exchange (CBOE), and various exchanges (each, an “Exchange”). By accepting these Terms of Service, you acknowledge and agree to the following Subscriber Agreement with each Exchange from which the Services gives you access to real-time market data.
IMPORTANT NOTICE: THIS SUBSCRIBER AGREEMENT IS AN AGREEMENT BETWEEN YOU AND BROKERBOTICS FOR YOU TO RECEIVE INFORMATION PUBLISHED BY THE EXCHANGE. PLEASE READ THIS AGREEMENT CAREFULLY. AFTER YOU HAVE READ THIS AGREEMENT, PLEASE INDICATE YOUR AGREEMENT IF YOU DO NOT AGREE TO THIS SUBSCRIBER AGREEMENT, YOU WILL BE UNABLE TO RECEIVE THE SERVICES.
By agreeing to this Subscriber Agreement, you are applying to receive from BrokerBotics a market data service (the “Market Data Service”) providing access to current options last sale and quotation information and related information (“Market Data”) published by the Exchange pursuant to a plan declared effective by the Securities and Exchange Commission (a
“Plan”). The parties to this Plan (each, a “Participant”) are those national securities exchanges that are from time to time approved by the Securities and Exchange Commission for the trading of securities options. In reviewing and approving this Subscriber Agreement, BrokerBotics is authorized to act on behalf of the Exchange. The person who acts from time to time as data processor on behalf of the Exchange is referred to herein as the Exchange’s “Processor.”
By agreeing to this Subscriber Agreement, you are consenting to enter into this Agreement in electronic form. You have the right to withdraw your consent by terminating this Subscriber Agreement and your receipt of the Market Data. Your right to terminate this Subscriber Agreement and your receipt of the Market Data, and the procedure you must follow to do so, are described in Section 5 below. You may access a copy of this Subscriber Agreement electronically at no charge.
This Subscriber Agreement incorporates the “You Are a Non-Professional” section of these Terms of Service by reference, and the term “Non-Professional” is defined therein. If you are a “Non-Professional” under such definition, the Exchange’s charges to BrokerBotics for your use of the Market Data is subject to a cap, and you may be entitled to pay lower fees to BrokerBotics. By agreeing to this Subscriber Agreement. If you do not or cannot make the representations and warranties set forth in the “You Are a Non-Professional” section of these Terms of Service, the Exchange will not consider you to be a Non-Professional.
You hereby represent and agree as follows:
- You shall receive the Market Data Service and the Market Data included therein solely for your own business or personal use, and you shall not retransmit or otherwise furnish the Market Data to any person, other than your own employees on devices that are subject to the control of BrokerBotics. If you are a Non-Professional, you are only permitted under this Subscriber Agreement to use the Market Data for the investment activities described in the “You Are a Non-Professional” section of these Terms of Service.
- You acknowledge that Market Data is and shall remain the property of the Participant on which a reported transaction took place or a reported quotation was entered.
- DISCLAIMER OF LIABILITY — NEITHER BROKERBOTICS, THE EXCHANGE, THE EXCHANGE’S PROCESSOR NOR ANY EXCHANGE PARTICIPANT GUARANTEES THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY OF THE MARKET DATA SUPPLIED TO YOU HEREUNDER AND NEITHER BROKERBOTICS, THE EXCHANGE, THE EXCHANGE’S PROCESSOR NOR ANY PARTICIPANT SHALL BE LIABLE IN ANY WAY, TO YOU OR TO ANY OTHER PERSON, FOR ANY LOSS, DAMAGES, COST, OR EXPENSE WHICH MAY ARISE FROM ANY FAILURE OF PERFORMANCE BY BROKERBOTICS, THE EXCHANGE, THE EXCHANGE’S PROCESSOR, OR ANY PARTICIPANT, OR FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSIONS OF, ANY OF THE MARKET DATA OR IN THE TRANSMISSION OR DELIVERY THEREOF, WHETHER OR NOT DUE TO ANY NEGLIGENT ACT OR OMISSION ON THE PART OF BROKERBOTICS, THE EXCHANGE, THE EXCHANGE’S PROCESSOR, OR ANY PARTICIPANT. IN NO EVENT SHALL BROKERBOTICS, THE EXCHANGE, THE EXCHANGE’S PROCESSOR, OR ANY PARTICIPANT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, OR DAMAGES RESULTING FROM INCONVENIENCE OR LOSS OF USE OF THE MARKET DATA SERVICE.
- The terms of this Subscriber Agreement may be modified at any time upon notice to you. If you do not assent to this Subscriber Agreement as modified at or prior to the time you next attempt to access the Market Data Service, this Subscriber Agreement shall automatically be terminated. This Subscriber Agreement as modified shall apply to your use of the Market Data Service from and after the date of the modification.
- Your receipt of the Market Data hereunder may be terminated at any time by you or by BrokerBotics upon thirty (30) days’ notice from the terminating party to the other party, and may be terminated immediately upon a determination by BrokerBotics or the Exchange that you are not in compliance with this Subscriber Agreement.
- Nothing herein shall be deemed to prevent or restrict the Exchange, the Exchange’s Processor, or any Participant from discontinuing to furnish Market Data for dissemination or from making such changes in the speed of transmission, the characteristics of the electrical signals representing the Market Data or the manner of disseminating the same, as the Exchange shall from time to time determine to be appropriate, with or without notice to you. You shall not hold the Exchange, the Exchange’s Processor, or any Participant liable for any resulting liability, loss, or damage that may arise therefrom.
- You agree to notify BrokerBotics promptly of any changes in the information provided herein and to furnish BrokerBotics any additional information requested by it in connection with your receipt of the Market Data.
- The parties acknowledge and agree that this Subscriber Agreement is for the express benefit of the Exchange, the Exchange’s Processor, and each Participant.
- The provisions of Sections 2, 3, and 8 will survive any termination of this Subscriber Agreement and will remain in full force and effect.
PRIVACY POLICY
By accepting these Terms of Service, you acknowledge and agree to the following Privacy Policy.
BrokerBotics respects your privacy and is committed to protecting it through compliance with the following policy, which described the types of data BrokerBotics may collect from you when you access or use the Services and BrokerBotics’ practices for collecting, using, maintaining, protecting, and disclosing that data.
The Services are not intended for children under 18 years of age, and BrokerBotics does not knowingly collect identifying data from children under 18. If you are under 18 years of age, do not use or provide any data through the Services or through any of their features, register through the Services, or make any purchases through the Services. If BrokerBotics learns it have collected or received data from a child under 18, BrokerBotics will delete that data. If you believe BrokerBotics might have any data from or about a child under 18, please contact BrokerBotics at any time using the contact details provided in these Terms of Service.
Data Collection Generally
BrokerBotics collects several types of data from and about users of the Services, including data:
- “Personal Data,” which means data through which you may be personally identified, such as your name, address, email address, telephone number, payment information, username, unique device identifies for advertising (e.g., Google Advertiser ID or IDFA), or any other identifier by which you may be contacted online or offline.
- “Usage Data,” which means data collected automatically through the Services (or third-party services employed through the Services) regarding your device and internet connection, such as an IP address, a domain name, a URL address, the time of the request, the method for submitting the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer, the country of origin, the features of the browser and the operating system utilized, the various time details per visit, the details about the path followed within the Services with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the IT environment.
- “Tracking Data,” which means data collected automatically via tracking technologies such as Cookies, Web Beacons, and Flash Cookies (each defined below).
- Other data that is about you but individually does not identify you, such as your purchase history, demographic information, and profession.
BrokerBotics collects this data:
- Directly from you when you provide it to BrokerBotics. For more information, see “Data You Provide to BrokerBotics.”
- Automatically as you navigate through the Services. Data collected automatically may include Usage Data and Tracking Data. For more information, see “Automatic Data Collection.”
- From third parties.
Data You Provide to BrokerBotics
BrokerBotics collects data directly from you when you provide it to BrokerBotics when using the Services. This data may include:
- Information that you provide by filling in forms through the Services. This includes information provided at the time of registering to use the Services, creating your Account, subscribing to the Services, posting material, or requesting further services. BrokerBotics may also ask you for information when you report a problem with the Services.
- Records and copies of your correspondence (including email addresses), if you contact BrokerBotics.
- Your responses to surveys that BrokerBotics might ask you to complete for research purposes.
- Details of transactions you carry out through the Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Services.
- Your search queries through the Services
Unless otherwise specified, all data requested by BrokerBotics from users of the Services is mandatory and failure to provide such data may make it impossible for BrokerBotics to provide the Services to you. In cases where it is specifically stated that such data is not mandatory, you are free not to communicate such data to BrokerBotics without consequences to the availability or the functioning of the Services. If you are unsure whether certain data requested is mandatory, please contact BrokerBotics using the contact details provided in these Terms of Service.
You are responsible for any third-party personal information obtained, published, or shared through your access or use of the Services and you confirm that you have the third party’s consent to prove such information to BrokerBotics.
Automatic Data Collection
As you navigate through and interact with the Services, BrokerBotics may use automatic data collection technologies to collect certain data, including Usage Data and Tracking Data.
The data collected automatically may include Personal Data or BrokerBotics may maintain such data or associate it with Personal Data collected in other ways or received from third parties.
BrokerBotics also may use Tracking Data technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For information on how you can opt out of behavioral tracking, see “How to Manage Preferences and Provide or Withdraw Consent.”
Automatically collected data helps BrokerBotics deliver improved and more personalized Services, including by enabling it to:
- Estimate audience size and usage patterns.
- Store information about your preferences, allowing BrokerBotics to customize the Services according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Services.
The technologies used for this automatic data collection may include:
- “Cookies,” which mean small files placed on the hard drive of your device (i.e., browser cookies). You may refuse to accept Cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Services. Unless you have adjusted your browser setting so that it will refuse Cookies, BrokerBotics’ system will issue Cookies when you direct your browser to the Services. For more information, see “Cookie Policy.”
- “Web Beacons” (also referred to as clear gifs, pixel tags, and single-pixel gifs), which mean small electronic files that permit BrokerBotics, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
- “Flash Cookies,” which mean local stored objects used to collect and store information about your preferences and navigation to, from, and through the Services. Flash Cookies are not managed by the same browser settings as are used for browser Cookies.
Method of Processing Data
BrokerBotics takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of your data.
Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to BrokerBotics, in some cases, the data may be accessible to certain types of persons in charge, involved with the operation of the Services (e.g., administration, sales, marketing, legal, system administration, etc.) or external parties (e.g., third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies, etc.) appointed, if necessary, as data processors by BrokerBotics.
BrokerBotics may process your Personal Data if one of the following applies:
- You have given your consent for one or more specific purposes. Under some jurisdictions, BrokerBotics may be allowed to process your Personal Data until you object to such processing (“opt-out”), without having to rely on your consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law.
- Processing is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
- Processing is necessary for compliance with a legal obligation to which BrokerBotics is subject.
- Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in BrokerBotics.
- Processing is necessary for the purposes of the legitimate interests pursued by the BrokerBotics or by a third party.
Personal Data shall be processed and stored for as long as required by the purpose for which they have been collected. Accordingly:
- Personal Data collected for purposes related to the performance of a contract between you and BrokerBotics shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of the BrokerBotics’ legitimate interests shall be retained as long as needed to fulfill such purposes. You may find specific information regarding the legitimate interests pursued by BrokerBotics within the relevant sections of this policy or by contacting BrokerBotics using the contact details provided in these Terms of Service.
BrokerBotics may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing, as long as such consent is not withdrawn. Furthermore, BrokerBotics may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
Data is processed at the operating offices of BrokerBotics and in any other places where the parties involved in the processing are located.
Depending on your location, data transfers may involve transferring your data to a country other than your own. To find out more about the place of processing of such transferred data, you can check the sections containing details about the processing of your Personal Data.
If broader protection standards are applicable, you are also entitled to learn about the legal basis of data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the United Nations, and about the security measures taken by BrokerBotics to safeguard your data.
General Purposes of Processing Data
Your data is collected to allow BrokerBotics to provide the Services, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its users or third parties), detect any malicious or fraudulent activity, as well as for the following, as further detailed in this policy: analytics, remarketing and behavioral targeting, tag management, platform services and hosting, advertising, content performance and features testing (A/B testing), displaying content from external platforms, handling payments, hosting and backend infrastructure, user database management, handling activities related to productivity, connecting data, interaction with data collection platforms and other third parties, contacting you, interaction with support and feedback platforms, managing contacts and sending messages, and traffic optimization and distribution, communication, managing support and contact requests, interaction with external social networks and platforms, and managing landing and invitation pages.
Third-Party Use of Cookies and Other Tracking Data Technologies
Some content or applications connected with the Services may be served by third-parties, such advertisers, ad networks and servers, content providers, and application providers. These third parties may use Cookies, alone or in conjunction with web beacons or other Tracking Data technologies to collect information about you when you use the Services. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
BrokerBotics not control these third parties’ tracking technologies or how they may be used. If you have any questions about any targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “How to Manage Preferences and Provide or Withdraw Consent.”
BrokerBotics uses the following third-party services which may collect information about you, including your Personal Data, when you use the Services:
Analytics These services enable BrokerBotics to monitor and analyze web traffic and can be used to keep track of user behavior. | Jetpack (Automatic Inc.) Privacy policy here |
Platform Services and Hosting These services have the purpose of hosting and running key components of the Services, therefore allowing the provision of the Services from within a unified platform. Such platforms provide a wide range of tools to BrokerBotics (e.g., analytics, user registration, commenting, database management, e-commerce, payment processing, etc.) that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored. | WordPress (Automatic Inc.) Privacy policy here Amazon Web Services (AWS) (Amazon Web Services, Inc.) Privacy policy here |
Handling Payments Unless otherwise specified, the Services process any payments by credit card, bank transfer, or other means via external payment service providers. In general and unless where otherwise stated, you are requested to provide your payment details and personal information directly to such payment service providers. BrokerBotics is not involved in the collection and processing of such information: instead, it will only receive a notification by the relevant payment service provider as to whether payment has been successfully completed. | Stripe (Stripe Inc/Stripe Technology Europe Ltd/Stripe Payments Ltd) US privacy policy here EU privacy policy here PayPal (PayPal, Inc.) Privacy policy here Recurly (Recurly, Inc.) Privacy policy here |
Hosting and Backend Infrastructure These services have the purpose of hosting data and files that enable the Services to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of the Services. Some services among those listed, if any, may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored. | Amazon Web Services (AWS) (Amazon Web Services, Inc.) Privacy policy here GitHub (GitHub Inc.) Privacy policy here |
User Database Management These services allows you to build user profiles by starting from an email address, a personal name, or other information that you provides to the Services, as well as to track your activities through analytics features. This Personal Data may also be matched with publicly available information about you (such as social network profiles) and used to build private profiles that BrokerBotics can display and use for improving the Services. Some of these services may also enable the sending of timed messages to you, such as emails based on specific actions performed on the Services. | Brevo (Sendinblue Inc.) Privacy policy here |
Handling Activities Related to Productivity These services help BrokerBotics to manage tasks, collaboration, and, in general, activities related to productivity. In using these services, data of users will be processed and may be retained, depending on the purpose of the activity in question. These services may be integrated with a wide range of third-party services disclosed within this privacy policy to enable BrokerBotics to import or export data needed for the relative activity. | Jira (Atlassian Corp.) Privacy policy here |
Managing Contacts and Sending Messages These services make it possible to manage a database of email contacts, phone contacts, or any other contact information to communicate with you. These services may also collect data concerning the date and time when the message was viewed by you, as well as when you interacted with it, such as by clicking on links included in the message. | Resend (Plus Five Five, Inc.) Privacy policy here Brevo (Sendinblue Inc.) Privacy policy here |
Communication These services make it easier for BrokerBotics to communicate internally and with users. | Google Meet (Google LLC/Google Ireland Limited) Privacy policy here |
BrokerBotics may, in its sole discretion, immediately terminate any of the foregoing third-party services and expressly retains the right to use other additional third-party services in connection with the Services in the future.
How BrokerBotics Uses Your Data
BrokerBotics uses data collected about you or that you provide to it, including any Personal Data:
- To present the Services and its contents to you.
- To provide you with information, products, or services that you request from BrokerBotics.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your Account or subscription, including expiration and renewal notices.
- To carry out BrokerBotics’ obligations and enforce its rights arising from any contracts entered into between you and BrokerBotics, including for billing and collection.
- To notify you about changes to the Services or any other products or services offered or provided though them.
- In any other way BrokerBotics may describe when you provide the information.
- For any other purpose with your consent.
BrokerBotics may also use your information to contact you about its own or third parties’ goods and services that may be of interest to you. If you do not your information used in this way, please, see “How to Manage Preferences and Provide or Withdraw Consent.”
BrokerBotics may use the information collected from you to enable BrokerBotics to display advertisements to its advertisers’ target audiences. Even though BrokerBotics does not disclose your Personal Data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Data
BrokerBotics may disclose aggregated information about its users, and information that does not identify any individual, without restriction.
BrokerBotics may disclose Personal Data that it collects or you provide as described in this privacy policy:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties BrokerBotics uses to support the Services.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of BROKERBOTICS LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by BrokerBotics about its users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see “How to Manage Preferences and Provide or Withdraw Consent.”
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by BrokerBotics when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply these Terms of Service and other agreements, including for billing and collection purposes.
- If BrokerBotics believes disclosure is necessary or appropriate to protect the rights, property, or safety of BrokerBotics, its customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- How to Manage Preferences and Provide or Withdraw Consent
There are various ways to manage Tracking Data related preferences and to provide and withdraw consent, where relevant.
You can manage preferences related to Tracking Data from directly within your own device settings, for example, by preventing the use or storage of Tracking Data.
Additionally, whenever the use of Tracking Data is based on consent, you can provide or withdraw such consent by setting your preferences within the Cookie notice, by contacting BrokerBotics at any time using the contact details provided in these Terms of Service, or by updating such preferences accordingly via the relevant consent-preferences widget, if available.
It is also possible, via relevant browser or device features, to delete previously stored Tracking Data technologies, including those used to remember your initial consent.
Other Tracking Data technologies in the browser’s local memory may be cleared by deleting the browsing history.
With regard to any third-party Tracking Data technologies, you can manage your preferences and withdraw your consent via the related opt-out link (where provided), by using the means indicated in that third party’s privacy policy, or by contacting that third party.
Locating Tracker Settings
You can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses:
You may also manage certain categories of Tracking Data technologies used on mobile applications by opting out through relevant device settings such as the device advertising settings for mobile devices, or tracking settings in general (you may open the device settings and look for the relevant setting).
How to Opt Out of Interest-Based Advertising
Notwithstanding the above, you may follow the instructions provided by YourOnlineChoices (EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), DAAC (Canada), DDAI (Japan), or other similar services. Such initiatives allow you to select your tracking preferences for most of the advertising tools. BrokerBotics thus recommends that you make use of these resources in addition to the information provided in this privacy policy.
The Digital Advertising Alliance offers an application called AppChoices that helps you to control interest-based advertising on mobile applications.
Consequences of Denying Consent
You are free to decide whether or not to grant consent. However, please note that Tracking Data technologies like Cookies help BrokerBotics provide a better experience and advanced functionalities to you (in line with the purposes outlined in this privacy policy). Therefore, in the absence of the your consent, BrokerBotics may be unable to provide related features.
Your Privacy Rights
You may exercise certain rights regarding your data processed by BrokerBotics. You may be entitled to broader protection standards based on your jurisdiction, as further described below. In all other cases, you may inquire with BrokerBotics to find out which rights apply to you.
In particular, you have the right to do the following, to the extent permitted by law:
- Withdraw consent where you have previously given your consent to the processing of your Personal Data at any time.
- Object to the processing of your data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Learn if your data is being processed by BrokerBotics, obtain disclosure regarding certain aspects of the processing and obtain a copy of the data undergoing processing.
- Verify the accuracy of your data and ask for it to be updated or corrected.
- Restrict the processing of your data. In this case, BrokerBotics will not process your data for any purpose other than storing it.
- Have your Personal Data deleted or otherwise removed.
- Receive your data in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance.
- Bring a claim before their competent data protection authority.
Objection Right
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in BrokerBotics or for the purposes of the legitimate interests pursued by BrokerBotics, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Data be processed for direct marketing purposes, you can object to that processing at any time, free of charge and without providing any justification. Where you object to processing for direct marketing purposes, your Personal Data will no longer be processed for such purposes. To learn whether BrokerBotics is processing Personal Data for direct marketing purposes, you may refer to the relevant sections of this policy.
How to Exercise Your Rights
Any requests to exercise your rights can be directed to BrokerBotics through the contact details provided in these Terms of Service. These requests can be exercised free of charge and will be answered by BrokerBotics within a reasonable time, providing you with the information required by law. Any rectification or erasure of Personal Data or restriction of processing will be communicated by BrokerBotics to each recipient, if any, to whom the Personal Data has been disclosed unless this proves impossible or involves disproportionate effort. At your request, BrokerBotics will inform you about those recipients.
Applicability of Broader Protection Standards
While most provisions of this policy concern all users of the Services, some provisions expressly only apply if the processing of Personal Data is subject to broader protection standards.
Such broader protection standards apply when the processing:
- Is performed by an processor based within the European Union (“EU”).
- Concerns the Personal Data of users who are in the EU and is related to the offering of paid or unpaid goods or services to such users.
- Concerns the Personal Data of users who are in the EU and allows the processor to monitor such users’ behavior taking place in the EU.
Legal Action
Your Personal Data may be used for legal purposes by BrokerBotics in court or in the stages leading to possible legal action arising from improper use of the Services. You declare to be aware that BrokerBotics may be required to reveal Personal Data upon request of public authorities.
Additional Information About Your Personal Data
In addition to the information contained in this privacy policy, BrokerBotics may provide you with additional and contextual information concerning the Services or the collection and processing of Personal Data upon request.
System Logs and Maintenance
For operation and maintenance purposes, the Services and any third-party services may collect files that record interaction with the Services (system logs) or use other Personal Data (such as IP Addresses) for this purpose.
Data Security
BrokerBotics has implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. Where BrokerBotics has given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. BrokerBotics asks you not to share your password with anyone. BrokerBotics urges you to be careful about giving out information in any public areas of the Services. The information you share in such public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although BrokerBotics uses commercially reasonable efforts to protect your personal information, it cannot guarantee the security of your Personal Data transmitted through the Services. Any transmission of Personal Data is at your own risk. BrokerBotics is not responsible for circumvention of any privacy settings or security measures contained on the Services.
“Do Not Track” Requests
The Services do not support “Do Not Track” requests. To determine whether any of the third-party services BrokerBotics uses honor the “Do Not Track” requests, please read their privacy policies.
State-Specific Privacy Rights
To find more information on the privacy rights of California, Virginia, Colorado, Connecticut, or Utah consumers, see the “Privacy Policy Addendums by Jurisdiction” section of these Terms of Service.
PRIVACY POLICY ADDENDUMS BY JURISDICTION
Information for Californian Consumers
This section integrates with and supplements the information contained in the “Privacy Policy” section. The provisions contained in this section apply to all users (referred to herein as “you”), who are consumers residing in the State of California, United States of America, according to the California Consumer Privacy Act of 2018 (the “CCPA”), as updated by the California Privacy Rights Act (the “CPRA”) and subsequent regulations. For such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This section uses the terms “personal information” and “sensitive personal information” as defined by the CCPA.
Categories of Personal Information Collected, Used, Sold, or Shared
BrokerBotics collects the following categories of personal information about you: identifiers, commercial information, internet information, and employment-related information.
BrokerBotics collects the following categories of sensitive personal information: payment information and username.
BrokerBotics will not collect additional categories of personal information without notifying you.
You have the right to request that BrokerBotics limits the use or disclosure of your sensitive personal information to only that which is necessary to perform the services or provide the goods, as is reasonably expected by an average consumer.
BrokerBotics can also use your sensitive personal information to perform specific purposes set forth by the law (such as, including but not limited to, helping to ensure security and integrity or undertaking activities to verify or maintain the quality or safety of the Services) and as authorized by the relevant regulations.
Outside of the aforementioned specific purposes, you have the right to freely request, at any time, that BrokerBotics does not use or disclose your sensitive personal information. This means that whenever you ask BrokerBotics to stop using your sensitive personal information, BrokerBotics will abide by your request and will instruct its service providers and contractors to do the same.
To fully exercise your right to limit the use or disclosure of your sensitive personal information you can contact BrokerBotics at any time, using the contact details provided in these Terms of Service.
BrokerBotics uses any personal information collected from you in connection with the submission of your request solely for the purposes of complying with the request.
Once you have exercised this right, BrokerBotics is required to wait at least twelve (12) months before asking whether you have changed your mind.
Purposes for Using Personal Information
BrokerBotics may use your personal information to allow the operational functioning of the Services and features thereof (“business purposes”). In such cases, your personal information will be processed in a fashion necessary and proportionate to the business purpose for which it was collected, and strictly within the limits of compatible operational purposes.
BrokerBotics may also use your personal information for other reasons such as for commercial purposes, as well as for complying with the law and defending its rights before the competent authorities where its rights and interests are threatened or it suffers an actual damage.
BrokerBotics will not process your information for unexpected purposes, or for purposes incompatible with the purposes originally disclosed, without your consent.
Retention of Personal Information
Unless stated otherwise in this section or the privacy policy, BrokerBotics will not retain your personal information for longer than is reasonably necessary for the purpose(s) they have been collected for.
How Personal Information Is Collected
BrokerBotics the above-mentioned categories of personal information, either directly or indirectly, from you when you use the Services. You may provide personal information indirectly when you navigate the Services, as personal information about you is automatically observed and collected. Finally, BrokerBotics may collect your personal information from third parties that work with it in connection with the Services or with the functioning of their features.
Disclosure of Your Personal Information with Third Parties for a Business Purpose
For purposes of this section, the word “third party” means a person who is not any of the following: a service provider or a contractor, as defined by the CCPA.
BrokerBotics disclose your personal information with the third parties further described in the privacy policy. These third parties are grouped and categorized in accordance with the different purposes of processing.
Sale or Sharing of your Personal Information
For purposes of this section, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer’s personal information by the business to a third party, for monetary or other valuable consideration”, as defined by the CCPA.
This means that, for example, a sale can happen whenever an application runs ads, or makes statistical analyses on the traffic or views, or simply because it uses tools such as social network plugins and the like.
For purposes of this section, the word “sharing” means any “sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged”, as defined by the CCPA.
Please note that the exchange of personal information with a service provider pursuant to a written contract that meets the requirements set by the CCPA, does not constitute a sale or sharing of your personal information.
Opt-Out Right
BrokerBotics sells or shares your personal information with the third parties further described in the privacy policy. These third parties are grouped and categorized in accordance with the different purposes of processing.
You have the right to opt out of the sale or sharing of your personal information. This means that whenever you request BrokerBotics to stop selling or sharing your personal information, BrokerBotics will abide by your request. Such requests can be made freely, at any time, without submitting any verifiable request. To fully exercise your right to opt out, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service.
If you want to submit requests to opt out of the sale or sharing of personal information via a user-enabled global privacy control, like the Global Privacy Control (“GPC”), you are free to do so and BrokerBotics will abide by such request. The GPC consists of a setting or extension in the browser or mobile device and acts as a mechanism that websites can use to indicate they support the GPC signal. If you want to use GPC, you can download and enable it via a participating browser or browser extension. More information about downloading GPC is available here.
BrokerBotics uses any personal information collected from you in connection with the submission of your opt-out request solely for the purposes of complying with the opt-out request.
Once you have opted out, BrokerBotics is required to wait at least twelve (12) months before asking whether you have changed your mind.
Your Privacy Rights Under the CCPA
You have the right to request that BrokerBotics disclose to you:
- The categories of personal information collected about you.
- The sources from which the personal information is collected.
- The purposes for which your information is used.
- To whom such information is disclosed.
- The specific pieces of personal information collected about you.
You also have the right to know what personal information is sold or shared and to whom. In particular, you have the right to request two separate lists from BrokerBotics that disclose:
- The categories of personal information that BrokerBotics sold or shared about you and the categories of third parties to whom the personal information was sold or shared.
- The categories of personal information that BrokerBotics disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
The disclosure described above will be limited to the personal information collected or used over the past twelve (12) months.
If BrokerBotics delivers a response electronically, the information enclosed will be “portable” (i.e., delivered in an easily usable format to enable you to transmit the information to another entity without hindrance), provided that this is technically feasible.
You have the right to request that BrokerBotics deletes any of your personal information, subject to exceptions set forth by the law (including but not limited to where the information is used to identify and repair errors on the Services, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights, etc.).
If no legal exception applies, as a result of exercising your right, BrokerBotics will delete your personal information and notify any of its service providers and all third parties to whom it has sold or shared the personal information to do so, provided that this is technically feasible and does not involve disproportionate effort.
You have the right to request that BrokerBotics corrects any inaccurate personal information maintained about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
You have the right to opt out of the sale or sharing of your personal information. You also have the right to request that BrokerBotics limit its use or disclosure of your sensitive personal information.
BrokerBotics will not discriminate against you for exercising your rights under the CCPA. This means that BrokerBotics will not discriminate against you, including, but not limited to, by denying goods or services, charging you a different price, or providing a different level or quality of goods or services just because you exercised your consumer privacy rights. However, if you refuse to provide your personal information to BrokerBotics or ask BrokerBotics to delete or stop selling your personal information, and that personal information or sale is necessary for BrokerBotics to provide you with goods or services, BrokerBotics may not be able to complete that transaction. To the extent permitted by the law, BrokerBotics may offer you promotions, discounts, and other deals in exchange for collecting, keeping, or selling your personal information, provided that the financial incentive offered is reasonably related to the value of your personal information.
How to Exercise Your Rights
To exercise the rights described above, you need to submit your verifiable request to BrokerBotics using the contact details provided in these Terms of Service. For BrokerBotics to respond to your request, it is necessary that it knows who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:
- Provide sufficient information that allows BrokerBotics to reasonably verify you are the person about whom it collected personal information or an authorized representative thereof.
- Describe your request with sufficient detail that allows BrokerBotics to properly understand, evaluate, and respond to it.
BrokerBotics will not respond to any request if it is unable to verify your identity and therefore confirm the personal information in possession actually relates to you.
Making a verifiable consumer request does not require you to create an Account. BrokerBotics will use any personal information collected from you in connection with the verification of your request solely for the purposes of verification and shall not further disclose the personal information, retain it longer than necessary for purposes of verification, or use it for unrelated purposes.
If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf. If you are an adult, you can make a verifiable request on behalf of a minor under your parental authority.
You can submit a maximum number of two (2) requests over a period of twelve (12) months.
Handling Requests
BrokerBotics will confirm receipt of your verifiable request within a commercially reasonable time and provide information about how BrokerBotics will process your request. BrokerBotics will respond to your request within forty-five (45) days of its receipt. Should BrokerBotics need more time, it will explain to you the reasons why, and how much more time it needs. In this regard, please note that BrokerBotics may take up to ninety (90) days to fulfill your request.
BrokerBotics’ disclosure(s) will cover the preceding twelve (12) month period. You have the right to request that BrokerBotics discloses information beyond the twelve (12) month period, and BrokerBotics will provide them to you unless doing so proves impossible or would involve a disproportionate effort.
Should BrokerBotics deny your request, BrokerBotics will explain to you the reasons behind such denial.
BrokerBotics does not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, BrokerBotics may charge a reasonable fee, or refuse to act on the request. In either case, BrokerBotics will communicate its choices and explain the reasons behind it.
Information for Virginia Consumers
This section integrates with and supplements the information contained in the “Privacy Policy” section. The provisions contained in this section apply to all users (referred to herein as “you”), who are consumers residing in the Commonwealth of Virginia, United States of America, according to the Virginia Consumer Data Protection Act (the “VCDPA”). For such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This section uses the terms “personal data” as defined by the VCDPA.
Categories of Personal Data Processed
BrokerBotics collects the following categories of personal data: identifiers, commercial information, internet information, sensorial information, and employment-related information.
BrokerBotics does not collect sensitive data.
BrokerBotics will not collect additional categories of personal data without notifying you.
Purposes of Processing Personal Data
BrokerBotics will not process your information for unexpected purposes, or for purposes incompatible with the purposes originally disclosed in the privacy policy, without your consent.
You can freely give, deny, or withdraw such consent at any time using the contact details provided in these Terms of Service.
Sharing Personal Data with Third Parties
BrokerBotics shares your personal data with the third parties further detailed in the privacy policy. These third parties are grouped and categorized in accordance with the different purposes of processing. For purposes of this section, “third party” means “a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller,” as defined by the VCDPA.
Sale of Personal Data
For purposes of this section, “sale” means any “exchange of personal data for monetary consideration to a third party” as defined by the VCDPA. Please note that according to the VCDPA, the disclosure of personal data to a processor that processes personal data on behalf of a controller does not constitute a sale. As specified in privacy policy, the use of your personal information may be considered a sale under VCDPA.
You have the right to opt out of the sale of your personal data. This means that whenever you request BrokerBotics to stop selling your data, BrokerBotics will abide by your request. To fully exercise your right to opt out, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service. BrokerBotics uses any personal data collected from you in connection with the submission of your opt- out request solely for the purpose of complying with the request.
Processing of Personal Data for Targeted Advertising
For purposes of this section, “targeted advertising” means “displaying advertisements to you where the advertisement is selected based on personal data obtained from your activities over time and across nonaffiliated websites or online applications to predict your preferences or interests” as defined by the VCDPA.
To find out more details on the processing of your personal data for targeted advertising purposes, consult the privacy policy.
You have the right to opt out of the processing of your personal data for targeted advertising. This means that whenever you request BrokerBotics to stop processing your data for targeted advertising, BrokerBotics will abide by your request. To fully exercise your right to opt out, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service. BrokerBotics uses any personal data collected from you in connection with the submission of your opt-out request solely for the purpose of complying with the request.
Your Privacy Rights Under the CCPA
You may exercise certain rights regarding your data processed by BrokerBotics. In particular, you have the right to do the following:
- Request that BrokerBotics confirms whether or not it is processing your personal data. You also have the right to access such personal data.
- Request that BrokerBotics corrects any inaccurate personal data maintained about you, taking into account the nature of the personal data and the purposes of the processing of the personal data.
- Request the deletion of any of your personal data.
- Obtain a copy of your personal data. BrokerBotics will provide your personal data in a portable and usable format that allows you to transfer data easily to another entity, provided that this is technically feasible.
- Opt out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
BrokerBotics will not discriminate against you for exercising your rights under the VCDPA. This means that BrokerBotics will not, among other things, deny goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercised your consumer privacy rights. However, if you refuse to provide your personal data or ask BrokerBotics to delete or stop selling your personal data, and that personal data or sale is necessary for BrokerBotics to provide you with goods or services, BrokerBotics may not be able to complete that transaction. To the extent permitted by the law, BrokerBotics may offer a different price, rate, level, quality, or selection of goods or services to you, including offering goods or services for no fee, if you have exercised your right to opt out, or BrokerBotics’ offer is related to your voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
How to Exercise Your Rights
To exercise the rights described above, you need to submit your request to BrokerBotics by using the contact details provided in these Terms of Service.
For BrokerBotics to respond to your request, it needs to know who you are. BrokerBotics will not respond to any request if it is unable to verify your identity using commercially reasonable efforts and therefore confirm that the personal data in its possession actually relates to you. In such cases, BrokerBotics may request that you provide additional information which is reasonably necessary to authenticate you and your request.
Making a consumer request does not require you to create an Account. However, BrokerBotics may require you to use your existing Account. BrokerBotics will use any personal data collected from you in connection with your request solely for the purposes of authentication, without further disclosing the personal data, retaining it longer than necessary for purposes of authentication, or using it for unrelated purposes.
If you are an adult, you can make a request on behalf of a minor under your parental authority.
Handling Requests
BrokerBotics will respond to your request without undue delay, but in all cases and at the latest within forty-five (45) days of its receipt. Should BrokerBotics need more time, it will explain to you the reasons why, and how much more time it needs. In this regard, please note that BrokerBotics may take up to ninety (90) days to fulfill your request.
Should BrokerBotics deny your request, it will explain to you the reasons behind such denial without undue delay, but in all cases and at the latest within forty-five (45) days of receipt of the request. It is your right to appeal such decision by submitting a request to BrokerBotics via the details provided in these Terms of Service. Within sixty (60) days of receipt of the appeal, BrokerBotics will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may contact the Attorney General to submit a complaint.
BrokerBotics does not charge a fee to respond to your request, for up to two (2) requests per year. If your request is manifestly unfounded, excessive or repetitive, BrokerBotics may charge a reasonable fee or refuse to act on the request. In either case, BrokerBotics will communicate its choices and explain the reasons behind them.
Information for Colorado Consumers
This section integrates with and supplements the information contained in the “Privacy Policy” section. The provisions contained in this section apply to all users (referred to herein as “you”), who are consumers residing in the State of Colorado, United States of America, according to the Colorado Privacy Act (the “CPA”). For such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This section uses the terms “personal data” as defined by the CPA.
Categories of Personal Data Processed
BrokerBotics collects the following categories of personal data: identifiers, commercial information, internet information, sensorial information, and employment-related information.
BrokerBotics does not collect sensitive data.
BrokerBotics will not collect additional categories of personal data without notifying you.
Purposes for Processing Personal Data
BrokerBotics will not process your information for unexpected purposes, or for purposes incompatible with the purposes originally disclosed in the privacy policy, without your consent.
You can freely give, deny, or withdraw such consent at any time using the contact details provided in these Terms of Service.
Sharing Personal Data with Third Parties
BrokerBotics shares your personal data with the third parties further detailed in the privacy policy. These third parties are grouped and categorized in accordance with the different purposes of processing. For purposes of this section, “third party” means “a person, public authority, agency, or body other than a consumer, controller, processor, or affiliate of the processor or the controller,” as defined by the CPA.
Sale of Personal Data
For purposes of this section “sale” means “the exchange of personal data for monetary or other valuable consideration by a controller to a third party,” as defined by the CPA. Please note that according to the CPA, the disclosure of personal data to a processor that processes personal data on behalf of a controller does not constitute a sale.
You have the right to opt out of the sale of your personal data. This means that whenever you request BrokerBotics to stop selling your data, BrokerBotics will abide by your request. To fully exercise your right to opt out, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service. BrokerBotics uses any personal data collected from you in connection with the submission of your opt- out request solely for the purpose of complying with the request.
Processing of Personal Data for Targeted Advertising
For purposes of this section, the word “targeted advertising” means “displaying to a consumer an advertisement that is selected based on personal data obtained or inferred over time from the consumer’s activities across nonaffiliated websites, applications, or online services to predict consumer preferences or interests,” as defined by the CPA. Please note that according to the CPA, targeted advertising does not include: “advertisements directed to a consumer in response to the consumer’s request for information or feedback; advertisements based on activities within a controller’s own websites or online applications or any affiliated website or online application; advertisements based on the context of a consumer’s current search query, visit to an internet web site or online application; or processing personal data solely to measure or report advertising frequency, performance or reach.”
You have the right to opt out of the processing of your personal data for targeted advertising. This means that whenever you request BrokerBotics to stop processing your data for targeted advertising, BrokerBotics will abide by your request. To fully exercise your right to opt out, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service. BrokerBotics uses any personal data collected from you in connection with the submission of your opt-out request solely for the purpose of complying with the request.
Universal Opt-Out mechanism: Global Privacy Control
If you want to submit frictionless requests to opt-out of the sale of personal data or the targeted advertising via a user-enabled global privacy control, like the Global Privacy Control (“GPC”), you are free to do so and BrokerBotics will abide by such request. The GPC consists of a setting or extension in the browser or mobile device and acts as a mechanism that websites can use to indicate they support the GPC signal. If you want to use GPC, you can download and enable it via a participating browser or browser extension. More information about downloading GPC is available here.
Your Privacy Rights Under the CPA
You may exercise certain rights regarding your data processed by BrokerBotics. In particular, you have the right to do the following:
- Opt out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
- Request that BrokerBotics confirm whether or not it is processing your personal data. You also have the right to access such personal data.
- Request that BrokerBotics correct any inaccurate personal data maintained about you, taking into account the nature of the personal data and the purposes of the processing of the personal data.
- Request that BrokerBotics delete any of your personal data.
- Obtain a copy of your personal data in a portable and usable format that allows you to transfer data easily to another entity, provided that this is technically feasible.
In any case, BrokerBotics will not increase the cost of, or decrease the availability of, a product or service, based solely on the exercise of any of your rights and unrelated to the feasibility or the value of a service. However, to the extent permitted by the law, BrokerBotics may offer a different price, rate, level, quality, or selection of goods or services to you, including offering goods or services for no fee, if the offer is related to your voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
How to Exercise Your Rights
To exercise the rights described above, you need to submit your request to BrokerBotics by using the contact details provided in these Terms of Service.
For BrokerBotics to respond to your request, it needs to know who you are and which right you wish to exercise. BrokerBotics will not respond to any request if it is unable to verify your identity using commercially reasonable efforts and therefore confirm that the personal data in its possession actually relate to you. In such cases, BrokerBotics may request that you provide additional information which is reasonably necessary to authenticate you and your request.
Making a consumer request does not require you to create an Account. However, BrokerBotics may require you to use your existing Account. BrokerBotics will use any personal data collected from you in connection with your request solely for the purposes of authentication, without further disclosing the personal data, retaining it longer than necessary for purposes of authentication, or using it for unrelated purposes.
If you are an adult, you can make a request on behalf of a child under your parental authority.
Handling Requests
BrokerBotics will respond to your request without undue delay, but in all cases and at the latest within forty-five (45) days of its receipt. Should BrokerBotics need more time, it will explain to you the reasons why, and how much more time it needs. In this regard, please note that BrokerBotics may take up to ninety (90) days to fulfill your request.
Should BrokerBotics deny your request, it will explain to you the reasons behind such denial without undue delay, but in all cases and at the latest within forty-five (45) days of receipt of the request. It is your right to appeal such decision by submitting a request using the contact details provided in these Terms of Service. Within forty-five (45) days of receipt of the appeal, BrokerBotics will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may contact the Attorney General to submit a complaint.
BrokerBotics does not charge a fee to respond to your request, for up to two (2) requests per year.
Information for Connecticut Consumers
This section integrates with and supplements the information contained in the “Privacy Policy” section. The provisions contained in this section apply to all users (referred to herein as “you”), who are consumers residing in the State of Connecticut, United States of America, according to the Connecticut Data Privacy Act (the “CTDPA”). For such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This section uses the terms “personal data” as defined by the CTDPA.
Categories of Personal Data Processed
BrokerBotics collects the following categories of personal data: identifiers, commercial information, internet information, sensorial information, and employment-related information
BrokerBotics does not collect sensitive data.
BrokerBotics will not collect additional categories of personal data without notifying you.
Purposes of Processing Personal Data
BrokerBotics will not process your information for unexpected purposes, or for purposes incompatible with the purposes originally disclosed in the privacy policy, without your consent.
You can freely give, deny, or withdraw such consent at any time using the contact details provided in these Terms of Service.
Sharing Personal Data with Third Parties
BrokerBotics shares your personal data with the third parties further detailed in the privacy policy. These third parties are grouped and categorized in accordance with the different purposes of processing. For purposes of this section, the word “third party” means “a person, public authority, agency, or body other than a consumer, controller, processor, or affiliate of the processor or the controller,” as defined by the CTDPA.
Sale of Personal Data
For purposes of this section, “sale” means “the exchange of personal data for monetary or other valuable consideration by a controller to a third party,” as defined by the CTDPA. Please note that according to the CTDPA, the disclosure of personal data to a processor that processes personal data on behalf of a controller does not constitute a sale.
You have the right to opt out of the sale of your personal data. This means that whenever you request BrokerBotics to stop selling your data, BrokerBotics will abide by your request. To fully exercise your right to opt out, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service. BrokerBotics uses any personal data collected from you in connection with the submission of your opt- out request solely for the purpose of complying with the request.
Processing of Personal Data for Targeted Advertising
For purposes of this section, “targeted advertising” means “displaying to a consumer an advertisement that is selected based on personal data obtained or inferred over time from the consumer’s activities across non affiliated websites, applications, or online services to predict consumer preferences or interests,” as defined by CTDPA. Please note that according to the CTDPA, targeted advertising does not include “advertisements based on activities within a controller’s own web sites or online applications; advertisements based on the context of a consumer’s current search query, visit to an internet web site or online application; advertisements directed to a consumer in response to the consumer’s request for information or feedback; or processing personal data solely to measure or report advertising frequency, performance or reach.”
You have the right to opt out of the processing of your personal data for targeted advertising. This means that whenever you request BrokerBotics to stop processing your data for targeted advertising, BrokerBotics will abide by your request. To fully exercise your right to opt out, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service. BrokerBotics uses any personal data collected from you in connection with the submission of your opt-out request solely for the purpose of complying with the request.
Universal Opt-Out mechanism: Global Privacy Control
If you want to submit frictionless requests to opt-out of the sale of personal data or the targeted advertising via a user-enabled global privacy control, like the Global Privacy Control (“GPC”), you are free to do so and BrokerBotics will abide by such request. The GPC consists of a setting or extension in the browser or mobile device and acts as a mechanism that websites can use to indicate they support the GPC signal. If you want to use GPC, you can download and enable it via a participating browser or browser extension. More information about downloading GPC is available here.
Your Privacy Rights Under the CTDPA
You may exercise certain rights regarding your data processed by BrokerBotics. In particular, you have the right to do the following:
- Request that BrokerBotics confirms whether or not it is processing your personal data. You also have the right to access such personal data.
- Request that BrokerBotics corrects any inaccurate personal data maintained about you, taking into account the nature of the personal data and the purposes of the processing of the personal data.
- Request the deletion of any of your personal data.
- Obtain a copy of your personal data. BrokerBotics will provide your personal data in a portable and usable format that allows you to transfer data easily to another entity, provided that this is technically feasible.
- Opt out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
In any case, BrokerBotics will not increase the cost of, or decrease the availability of, a product or service, based solely on the exercise of any of your rights and unrelated to the feasibility or the value of a service. However, to the extent permitted by the law, BrokerBotics may offer a different price, rate, level, quality, or selection of goods or services to you, including offering goods or services for no fee, if the offer is related to your voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
How to Exercise Your Rights
To exercise the rights described above, you need to submit your request to BrokerBotics by using the contact details provided in these Terms of Service.
For BrokerBotics to respond to your request, it needs to know who you are and which right you wish to exercise. BrokerBotics will not respond to any request if it is unable to verify your identity using commercially reasonable efforts and therefore confirm that the personal data in its possession actually relate to you. In such cases, BrokerBotics may request that you provide additional information which is reasonably necessary to authenticate you and your request.
Making a consumer request does not require you to create an Account. However, BrokerBotics may require you to use your existing Account. BrokerBotics will use any personal data collected from you in connection with your request solely for the purposes of authentication, without further disclosing the personal data, retaining it longer than necessary for purposes of authentication, or using it for unrelated purposes.
If you are an adult, you can make a request on behalf of a child under your parental authority.
Handling Requests
BrokerBotics will respond to your request without undue delay, but in all cases and at the latest within forty-five (45) days of its receipt. Should BrokerBotics need more time, it will explain to you the reasons why, and how much more time it needs. In this regard, please note that BrokerBotics may take up to ninety (90) days to fulfill your request.
Should BrokerBotics deny your request, it will explain to you the reasons behind such denial without undue delay, but in all cases and at the latest within forty-five (45) days of receipt of the request. It is your right to appeal such decision by submitting a request using the contact details provided in these Terms of Service. Within forty-five (45) days of receipt of the appeal, BrokerBotics will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may contact the Attorney General to submit a complaint.
BrokerBotics does not charge a fee to respond to your request, for up to one (1) request per year.
Information for Utah Consumers
This section integrates with and supplements the information contained in the “Privacy Policy” section. The provisions contained in this section apply to all users (referred to herein as “you”), who are consumers residing in the State of Utah, United States of America, according to the Consumer Privacy Act (the “UCPA”). For such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This section uses the terms “personal data” as defined by the UCPA.
Categories of Personal Data Processed
BrokerBotics collects the following categories of personal data: identifiers, commercial information, internet information, sensorial information, and employment-related information.
BrokerBotics does not collect sensitive data.
BrokerBotics will not collect additional categories of personal data without notifying you.
Purposes of Processing Personal Data
To find out why BrokerBotics processes your personal data, consult the purposes described in the privacy policy.
Sharing Personal Data with Third Parties
BrokerBotics shares your personal data with the third parties further detailed in the privacy policy. These third parties are grouped and categorized in accordance with the different purposes of processing. For purposes of this section, “third party” means “a person other than: the consumer, controller, or processor; or an affiliate or contractor of the controller or the processor” as defined by the UCPA.
Sale of Personal Data
For purposes of this section, “sale” means “the exchange of personal data for monetary or other valuable consideration by a controller to a third party,” as defined by the UCPA. Please note that according to the UCPA, the disclosure of personal data to a processor that processes personal data on behalf of a controller does not constitute a sale.
You have the right to opt out of the sale of your personal data. This means that whenever you request BrokerBotics to stop selling your data, BrokerBotics will abide by your request. To fully exercise your right to opt out, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service. BrokerBotics uses any personal data collected from you in connection with the submission of your opt- out request solely for the purpose of complying with the request.
Processing of Personal Data for Targeted Advertising
For purposes of this section, “targeted advertising” means “displaying to a consumer an advertisement that is selected based on personal data obtained or inferred over time from the consumer’s activities across nonaffiliated websites, applications, or online services to predict consumer preferences or interests,” as defined by UCPA.
You have the right to opt out of the processing of your personal data for targeted advertising. This means that whenever you request BrokerBotics to stop processing your data for targeted advertising, BrokerBotics will abide by your request. To fully exercise your right to opt out, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service. BrokerBotics uses any personal data collected from you in connection with the submission of your opt-out request solely for the purpose of complying with the request.
Your Privacy Rights under the CCPA
You may exercise certain rights regarding your data processed by BrokerBotics. In particular, you have the right to do the following:
- Request that BrokerBotics confirms whether or not it is processing your personal data. You also have the right to access such personal data.
- Request the deletion of any of your personal data.
- Obtain a copy of your personal data. BrokerBotics will provide your personal data in a portable and usable format that allows you to transfer data easily to another entity, provided that this is technically feasible.
- Opt out of the processing of your personal data for the purposes of targeted advertising or the sale of personal data.
In any case, BrokerBotics will not increase the cost of, or decrease the availability of, a product or service, based solely on the exercise of any of your rights and unrelated to the feasibility or the value of a service. However, to the extent permitted by the law, BrokerBotics may offer a different price, rate, level, quality, or selection of goods or services to you, including offering goods or services for no fee, if the offer is related to your voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
How to Exercise Your Rights
To exercise the rights described above, you need to submit your request to BrokerBotics by using the contact details provided in these Terms of Service.
For BrokerBotics to respond to your request, it needs to know who you are and which right you wish to exercise. BrokerBotics will not respond to any request if it is unable to verify your identity using commercially reasonable efforts and therefore confirm that the personal data in its possession actually relate to you. In such cases, BrokerBotics may request that you provide additional information which is reasonably necessary to authenticate you and your request.
If you are an adult, you can make a request on behalf of a child under your parental authority.
Handling Requests
BrokerBotics will respond to your request without undue delay, but in all cases and at the latest within forty-five (45) days of its receipt. Should BrokerBotics need more time, it will explain to you the reasons why, and how much more time it needs. In this regard, please note that BrokerBotics may take up to ninety (90) days to fulfill your request.
Should BrokerBotics deny your request, it will explain to you the reasons behind such denial without undue delay, but in all cases and at the latest within forty-five (45) days of receipt of the request.
BrokerBotics does not charge a fee to respond to your request, for up to one (1) request per year.
Information for Users Residing in Brazil
This section integrates with and supplements the information contained in the “Privacy Policy” section. The provisions contained in this section apply to all users (referred to herein as “you”), who reside in Brazil, “Lei Geral de Proteção de Dados” (the “LGPD”). For such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This section uses the terms “personal information” as defined by the LGPD.
Grounds for Processing Personal Information
BrokerBotics can process your personal information solely if it has a legal basis for such processing. Legal bases are as follows:
- Your consent to the relevant processing activities.
- Compliance with a legal or regulatory obligation that lies with BrokerBotics.
- The carrying out of public policies provided in laws or regulations or based on contracts, agreements, and similar legal instruments.
- Studies conducted by research entities, preferably carried out on anonymized personal information.
- The carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract.
- The exercising of BrokerBotics’ rights in judicial, administrative, or arbitration procedures.
- Protection or physical safety of yourself or a third party.
- Protection of health in procedures carried out by health entities or professionals.
- The legitimate interests of BrokerBotics, provided that your fundamental rights and liberties do not prevail over such interests.
- Credit protection.
To find out more about the legal bases, you can contact BrokerBotics at any time using the contact details provided in these Terms of Service.
Categories of Personal Information Processed
To find out what categories of your personal information are processed, review the privacy policy.
Purposes of Processing Personal Information
To find out the purposes for processing your personal information, review the privacy policy.
Your Brazilian Privacy Rights
You have the right to:
- Obtain confirmation of the existence of processing activities on your personal information.
- Access your personal information.
- Have incomplete, inaccurate, or outdated personal information rectified.
- Obtain the anonymization, blocking, or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with the LGPD.
- Obtain information on the possibility to provide or deny your consent and the consequences thereof.
- Obtain information about the third parties with whom your personal information was shared.
- Obtain, upon your express request, the portability of your personal information (except for anonymized information) to another service or product provider, provided that the commercial and industrial secrets of BrokerBotics are safeguarded.
- Obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in Article 16 of the LGPD apply.
- Revoke your consent at any time.
- Lodge a complaint related to your personal information with the the National Data Protection Authority (the “ANPD”) or with consumer protection bodies.
- Oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law
- Request clear and adequate information regarding the criteria and procedures used for an automated decision.
- Request the review of decisions made solely on the basis of the automated processing of your personal information, which affect your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.
You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.
How to Exercise Your Rights
You can file your express request to exercise your rights free from any charge, at any time, by using the contact details provided in these Terms of Service, or via your legal representative.
Handling Requests
BrokerBotics will strive to promptly respond to your requests. In any case, should it be impossible for BrokerBotics to do so, BrokerBotics make sure to communicate to you the factual or legal reasons that prevent it from immediately, or otherwise ever, complying with your requests. In cases where BrokerBotics is not processing your personal information, it will indicate to you the physical or legal person to whom you should address your requests, if it is in the position to do so.
In the event that you file an access or personal information processing confirmation request, please make sure that you specify whether you would like your personal information to be delivered in electronic or printed form. You will also need to let BrokerBotics know whether you want it to answer your request immediately, in which case it will answer in a simplified fashion, or if you need a complete disclosure instead. In the latter case, BrokerBotics will respond within fifteen (15) days from the time of your request, providing you with all the information on the origin of your personal information, confirmation on whether or not records exist, any criteria used for the processing and the purposes of the processing, while safeguarding BrokerBotics’ commercial and industrial secrets.
In the event that you file a rectification, deletion, anonymization, or personal information blocking request, BrokerBotics will make sure to immediately communicate your request to other parties with whom it has shared your personal information in order to enable such third parties to also comply with your request, except in cases where such communication is proven impossible or involves disproportionate effort.
Transfer of Personal Information Outside of Brazil Permitted by Law
BrokerBotics is allowed to transfer your personal information outside of the Brazilian territory in the following cases:
- When the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by the international law.
- When the transfer is necessary to protect your life or physical security or those of a third party.
- When the transfer is authorized by the ANPD.
- When the transfer results from a commitment undertaken in an international cooperation agreement.
- When the transfer is necessary for the execution of a public policy or legal attribution of public service.
- When the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.
MISCELLANEOUS
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, BROKERBOTICS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BROKERBOTICS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BROKERBOTICS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, BROKERBOTICS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BROKERBOTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BROKERBOTICS’ CUMULATIVE LIABILITY TO YOU EXCEED $100.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless BrokerBotics, its affiliates, licensors, and service providers, and its and their respective members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to any use of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Services.
Release of Claims
By accessing or using the Services, you hereby fully and completely hold harmless, indemnify, and release BrokerBotics and anyone otherwise affiliated with BrokerBotics’ business, from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present, or future that is in any way related to the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the state courts of the Commonwealth of Virginia located in the City of Charlottesville or the County of Albemarle, although BrokerBotics retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in a different jurisdiction in which you reside. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At BrokerBotics’ sole discretion, you may be required to submit any disputes arising from these Terms of Service or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration applying Virginia law. All such disputes will be resolved by one (1) arbitrator with substantial experience in the technology and financial industries selected within reason and good faith by BrokerBotics. All disputes will be resolved on an individual basis and you will not have the right to arbitrate on a class action basis any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms of Service or the Services. The arbitrator will have the authority to allocate between you and BrokerBotics the costs of arbitration (including service fees, arbitrator fees, reasonable attorneys’ fees, expert witness fees, and all other fees and expenses related to the arbitration) in such equitable manner as the arbitrator may determine. Judgment on the arbitrator’s award will be final and binding, and may be entered in any court having jurisdiction.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by BrokerBotics of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BrokerBotics to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
These Terms of Service constitute the sole and entire agreement between you and BrokerBotics regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Contact
This website is operated by BROKERBOTICS LLC, a Virginia limited liability company with a principal office address located at 2606 Northfield Road, Charlottesville, Virginia, 22901.
All communications relating to the Services and made pursuant to these Terms of Service, including notices of copyright infringement claims, feedback, comments, requests for technical support, and opt-outs should be directed to: info@brokerbotics.com.