Terms & Conditions
These Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relations between Kin Ltd. (“the Company”) The Company is registered in republic of Marshall Islands, with registration number 87414 (hereinafter referred to as the “Company”) and VIVZ , odštěpný závod registered in Česká Republika, with Company number 061 98 619 and the User, a physical or legal entity, hereinafter referred to as the “Client”, of www.myfintec.com(hereinafter referred as the “Website”).
Service – services described in section 2 to this Agreement.
Operation – action performed at the Client’s Account, connected with but not limited to crediting of funds, return of funds, opening and closing of trading transactions.
Account – unique personified registration of accounting of transactions/operations on the trading platform of the Company.
2. SERVICES OF THE COMPANY
Services of the Company – the services provided by means of a trading platform of the Company.
Services of the Company comprise the use of the trading platform of the Company, customer support, analytics, news and market information.
The Company shall fulfill trade operations of the Client and the Company does not provide trust services and consultations on trading. The Company can conduct trading operations of the Client even in case such trading operation may be unprofitable for the Client.
The Company shall not be financially liable for the results of the Operations conducted by the Client. The Client is the only authorized user of the Company’s services. The Client is irreplaceable subject of legal relations emerging from the provisions of the Agreement herein. Client’s rights cannot be delegated, and obligations cannot be imposed on another person.
The Client has the right to cancel his order given to the Company within 3 seconds after the moment of giving such order to the Company (hereinafter referred to as the “Cancellation”). Three seconds from the moment of giving the order to the Company by the Client via the platform, the Company may (but is not obliged to) offer to buy-out the CFD position from the Client and the Client has the right to agree to such offer.
The Client is entitled to use such Cancellation or Buy-out option subject to the conditions specified on the platform. Such conditions can also include fees charged by the Company. Such fees are specified on the platform. The Company is obliged to provide all necessary information as to the conditions of Cancellation and Buy-outs, their cost, etc. The Client acknowledges and agrees that provision of such information on the platform is sufficient. The Client acknowledges and agrees that the use of a Cancellation or a Buyout is very risky to the Client as long as the cost of Cancellation and/or Buyout depends on the market situation. The Client acknowledges and agrees that he bears all the risks associated with the use of Cancellation and/or Buyout.
It is understood and agreed by the Client that the Company may from time to time and at its own discretion, utilize a third party to hold its client funds, for the purpose of offering additional PSPs. These funds will be held in segregated accounts from the Third Party’s own funds and will not affect the rights of the Client to their funds.
3. RIGHTS, OBLIGATIONS AND GUARANTEES OF THE PARTIES
The Client shall be entitled to:
Give the Company an order to conduct trading Operations on the Website, provided by the Agreement herein; In case of absence of debt to the Company, to demand the Company to fulfill its financial obligations to the extent of free amount of funds at the Company’s Account;
In case a disputable situation occurs, to make a claim properly in an official letter or via email to the account specified by the Company;
Unilaterally Terminate the Agreement herein in the case of which no debt to the Company exists.
The Client shall be obliged to:
Fulfill the provisions of the Agreement herein conducting Operations on the Website;
To be exclusively responsible for all actions resulted from usage of usernames and/or passwords;
To be exclusively responsible for all his/her actions, including giving orders to conduct Operations on the Website;
To be exclusively responsible for correct trading strategy choices and consideration of all possible risks;
Be completely responsible for preserving confidentiality of information received from the Company and to accept risk of financial loss that may result from unauthorized access to his/her own Account by any third party.
Notify the Company of any changes of contact details and any other changes of the provided personal data within 7 (seven) calendar days since such changes come into effect.
Register only 1 (one) Account in the Company. In case that the Client owns multiple accounts, the transactions and the financial results of such transactions in these accounts can be cancelled. All such accounts may and can be blocked, and funds contained therein will not be considered as financial obligation of the Company before the Client.
Indemnify and hold harmless of the Company due to any claims and/or legal actions regarding the Company as a result of disclosure of personal data of the Client.
The Client agrees to accept complete responsibility for his actions according to current tax legislation valid at the place of residence/living of the Client regarding any performed operations, including but not limited to revenue tax.
The Client shall guarantee to:
Comply with legal rules of the jurisdiction where the Client lives;
Be legally capable and a person of majority age;
That the Client is solely responsible for the technical deficiencies in Client’s connection to the trading platform, deficiencies in Client’s equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone etc.) and hold harmless and indemnifies the Company against any Client’s losses and damages derived from such deficiencies.
The Company shall be entitled to:
Modify the size of the value of the Company’s financial obligations to the Client with changes of the appropriate entry of the trade operations register in case of violation of one or several provisions of the Agreement herein by the Client;
Terminate the Client’s services at any given time at its own discretion with any reasonable grounds (preliminary notification of the Client regarding this shall not be obligatory);
Unilaterally in the extrajudicial procedure terminate the Agreement herein without reimbursement of any losses suffered by the Client. In such case the Company shall notify the Client within 3 (three) working days after such termination in any possible way;
The Company reserves the right to change, add or set as default the CFD payments rate, return rate, the possibility of adjustment the return rate, the possibility of acquiring the CFD position, the minimum and/or the maximum CFD amount for several or all of the of the assets. The company shall be entitled to limit the maximum amount of purchased CFD’s for 1 (one) minute, 1 (one) hour, 1 (one) calendar day;
Contact the Client with any question concerning the Agreement herein, including, in order to make sure that the Client’s intentions regarding his/her actions on the Account;
Modify, add, rename or leave unchanged any sections, paragraphs and sub-paragraphs of the Agreement herein without preliminary notification of the Client regarding such changes;
Modify the size of the value of the Company’s financial obligations to the Client, if fulfillment of Operations on the trading platform does not comply with the conditions of the Agreement herein;
Engage the third parties with contractual relations for Service provision in accordance with the Agreement herein;
Unilaterally terminate the Agreement herein with preliminary notification of the Client regarding such termination and fulfillment of financial obligations before the Client to the extent of the amount of free funds available at the Account;
In regards to any obligations and situations not covered by the Agreement provisions herein the Company has a right to act at its own discretion in accordance to business customs and existing practice.
Obligations of the Company:
In accordance to the Agreement provisions herein to provide Services on the Company’s Website;
In accordance to the Agreement provisions herein, in case no debt on the part of the Client exist, on the Client’s request to fulfill the Company’s financial obligations before the Client to the extent of the amount of free funds on the Account;
To fulfill the provisions of the Agreement herein.
4. PERSONAL DATA
Accepting provisions of the Agreement herein, the Client grants his/her consent to process the personal data provided by the Client, both without use of automatic controls, and with its use. Under the personal data for the purposes of this Agreement between the parties mean: Name, Surname and Patronymic, gender, address, phone number, e-mail, IP address of the Client and the information which concern the provision of services to the client (the trade story).
The Client shall be obliged to provide truthful, exact and complete information according to the personal data about the Client is requested by the Company.
The purpose of processing the personal data shall be the fulfillment of the regulating legislation requirements as well as the obligations before the Client and other subjects of the personal data within the fulfillment of the Agreement herein.
During processing of the personal data the Company shall be entitled to collect, record, systematize, accumulate, store, adjust (update, change), extract, use, transfer (disseminate, provide, access), anonymised, block, delete, destroy and perform any other actions according to the current regulating legislation.
Storage and processing of the personal data of the Client can be fulfilled by the Company during the term and conditions of the Agreement, as well as within 5 years after termination of the Agreement herein.
The Client shall admit and confirm that in the case of which the need to provide the Personal data to fulfill the purposes of the Agreement herein to a third party as well as in case of engaging of any third parties to render services for the specified purposes, the Company shall be entitled to disclose the information about the Client in the necessary amount to fulfill the actions mentioned above, including the Personal data to such third parties, their authorized representatives as well as to provide documents for such persons which contain such information.
The Company shall not be entitled to include the Personal data of the Client in the public information sources with the exception of cases which are provided by the regulating legislation.
During processing of the Personal data of the Client the Company shall take necessary legal, organizational and technical measures to protect the Personal data from unauthorized or accidental access, destruction, change, blocking, copying, provision, and dissemination as well as from other illegal actions regarding the Personal data of the Client.
5. RISK STATEMENT
The Client has read, understood and accepted the risk statement due to the use of the Service on the Website, which is published on the Website of the Company.
6. CHARGES AND FEES
The Company shall be entitled to receive the fees from the Client regarding the Service(s) provided by the Company. Accepting the Agreement herein, the Client shall agree that he or she shall be obliged to compensate the fee to the Company for bank transfer in the amount not more than 25 EUR in case of bank transfer by the Company in favor of the Client (hereinafter referred to as the “Transfer fee”).
The Client shall authorize the Company to withdraw the fee for transfer from the Client’s Account. In case if none of the Operations (hereinafter referred to as “Inactive Account”) are fulfilled on the trading platform of the Company by the Client for 90 (ninety) calendar days in a row, the Company shall be entitled to apply the service fee for Inactive Account in the amount of 50 EUR to unused the balance of the Client’s account. Such annual fee shall be not more than the total balance of the Client’s Account.
7. DURATION AND TERMINATION OF THE AGREEMENT
The Agreement herein shall be concluded for an uncertain term.
The Agreement herein shall be terminated when the Client’s Account is blocked.
The Company has the right to terminate the Agreement immediately without any prior notice and at its own discretion if it becomes known that the Client: а) is not of legal age according to the legislation of the country where the Client is the citizen b) the resident or the Client is the citizen or the resident of the following countries: USA, Canada, Australia, Belgium, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea, countries of the European Union, c) the Client who is Russian citizen or resident and has registered an account on the Website of the Company later than the 1st of July 2016.
In case of termination of the Agreement herein due to reasons specified in section 9.4, the Company shall not be financially obliged to the Client.
8. TERMS AND CONDITIONS FOR 1-CLICK SERVICE
The Client shall agree to make a deposit to his/her Account to use the Company Services or any other additional services ordered by the Client on the Website as well as all additional expenses (if necessary), including but not limited to any taxes, duties, etc. The Client shall be completely responsible for timely depositing of his/her Account. Provider of payment services shall ensure only fulfillment of payment in the amount defined by the Site and shall not be liable for payment of the above-mentioned additional amounts by the Website’s Client.
The payment is considered to be processed and cannot be returned after clicking the “Deposit” button. By clicking the “Deposit” button, the Client shall agree that he/she cannot return the payment or require its recall. Additionally, by accepting the terms of the rules and herein (and/or Rules and Conditions), the Client as the owner of the payment card confirms that he/she shall be entitled to use the Services offered on the Website.
In the case if the Client uses the Services of the Website, the Client shall confirm that he/she became of legal age or beyond, that is legally allowed in the residence/jurisdiction of the Client in order to use the Services provided by the Website. When starting to use the Services, the Client shall be legally liable for fulfillment of the legislation of any country where this Service is used and shall confirm that provider of payment services shall not be in any case liable for any such illegal or unauthorized violation. Agreeing to use the Website’s Services, the Client shall understand and accept that processing of any of the Client’s payment shall be fulfilled by the provider of payment services and no legal right exists for return of already purchased Services or other options of payment cancellation. In case the Client is willing to refuse from the use of the 1-Click service for the next purchase of the Service, the Client can refuse from 1-Click service using the Account on the Website.
The Provider of the payment services shall not be in any case liable for refuse/impossibility to process the data connected with payment card of the Client, or for refuse connected with failure to obtain permission from the issuing bank to process payment using the payment card of the Client. The Provider of payment services shall not be in any case liable for quality, amount, and price of any service, offered to the Client or purchased by the Client of the Website using the payment card of the Client. Paying for any Services of the Website the Client first of all shall be obliged to fulfill the rules of using the Website. We are asking to consider that only the Client as the owner of the payment card shall be liable for timely payment of any service ordered via the Website and for all additional expenses/fees connected with this payment. The Provider of the payment services shall only be the performer of the payment in the amount specified by the Website and shall not be in any case liable for any pricing, general prices and/or total sums.
In case of a situation connected with the Client’s dissent with the terms mentioned above and/or any other reasons, we are asking the Client to promptly refuse from making a payment and to directly address the administrator/support of the Website if necessary.
ANNEX 1 TO TERMS AND CONDITIONS
1. PROCESSING OF TRADE REQUESTS AND ORDERS
Processing of Client’s requests and orders has the following structure:
After any Client makes a request or an order, the request is tested for its correctness in the trading platform;
The trading platform sends the request or order to the server;
After the request or order is received by the server it is tested for correctness;
The server, after the processing of the order or the request, sends the results to the trading platform;
In case that the connection between the trading platform and the server is correct, the trading platform will receive the results of processing the Client’s request or order by the Company.
The time of the processing may vary and depends on the quality of the communication between the trading platform and the server of the Company, as well as on the market conditions. In normal market conditions the time of processing usually varies between 0-4 seconds. In market conditions that differ from the normal, the time of the Client’s request and order processing can be higher than that.
The server of the Company may refuse to the Client’s request in the following cases:
If the client sends the request before the first quote in the trading platform on the market opening;
If there is not enough funds on the Client’s account for opening a new position;
If the Client sends the request before the opening of the trading session;
When market conditions differ from the normal.
When using the trading platform it is allowed to use only one tab of the browser. In case of using several tabs of the browser the results of trades can be corrected and/or cancelled.
The client acknowledges that the only reliable source of quote flow information is the main server for Customer requests. The quotes on the trading platform cannot serve as a reliable source of information about the real quotes flow, as in the case of unstable connection between the trading platform and the server part of the quotes from the flow may not reach the trading platform.
The graphs displayed on the trading platform are indicative. Thus, the Company does not guarantee that the transaction will be made at the same prices specified on the graph in the trading platform at the time of submission of the other Customer transactions.
The price displayed on the trading platform is formed by the formula (Buy+Sell)
Non-market quote – the price on the trading platform which does not correspond to the price on the market at this moment of time (hereinafter referred to as the “Non-market price”).
In case the Company fulfilled the Client’s request for Non-market quote, the following shall be imposed on the Company’s duty:
In case of position closing – correction of the financial result between incorrect closing of the position and closing according to real market price corresponding to the closing moment of transaction according to Non-market price;
In case of position opening – the Company reserves the right to cancel the financial result regarding such position.
3. PROCESSING OF CLIENT ORDERS TO OPEN POSITIONS
If the amount of available funds is sufficient to open a CFD position – the position will be opened.
If the size of the available funds is insufficient to open a CFD position – the position will not be opened.
The Client’s order to open a position is processed, and the position is opened only after the corresponding entry in the server log file. Each new position is assigned with a serial number.
4. PROCESSING OF CLIENT ORDERS TO CLOSE POSITIONS
Closing a trading position occurs at the current price of the trading server at the moment of closing the trading operation.
5. OTC ASSETS
OTC Asset or “Over the Counter” is an asset that traded out of the regular market (hereinafter referred to as the “Asset”).
The Asset’s price is formed from data of trading requests and orders of the Clients, received by the Company.
The Client acknowledges that by making trade requests and orders on such Assets, he/she understands the essence of working with such Assets and the pricing algorithm of those Assets.
The Client acknowledges that by making trade requests and orders on such Assets, he/she admits that the only reliable source of quoting information is the main server for the trade orders of the Clients.
In the event that the Company discovers fraud schemes such as:
Fraud associated with credit card transactions and other ways to fill a balance that does not belong to the Client;
Fraud associated with the use of software for false trading results;
Fraud associated with errors and/or system failures for false trading results;
In case of reasonable suspicion of the Company regarding the fraud schemes, mentioned above, the Company shall be entitled to block the Client’s Account without any prior notice and without the possibility of further money withdrawal and/or entitled to unilaterally terminate the Agreement in the extrajudicial procedure.
7. CLAIMS, COMPLAINS, AND DISPUTE RESOLUTION
7.1. All possible disputes arising between the parties to this Agreement shall be settled through correspondence and negotiation.
7.2. Appeals by the Client are considered official if they are directed to the Company at the email address [email protected] Appeals will not be deemed in writing if they are produced and sent via online communication programs such as Skype or other similar softwares.
7.3. Client’s requests should include the following information for consideration:
- Account number;
- Full name;
- Email address;
- Date and time when the dispute occurred/arose;
- A detailed description of the Client’s claim.
7.4. The Company may refuse to consider the Client’s claim if it does not meet the requirements listed in Sections 1.2 − 1.3, as well as the following conditions:
- If the claim received by the Company includes language of an obscene nature and/or insults which are directed to the Company (including its employees);
- If the received claim contains threats to the Company (including its employees);
- If the Client expresses the threat of denigrating the business image of the Company by any means possible.
7.5. The Company is obliged to consider an appeal within 3 business days (after the Client has provided all the sufficient and necessary information and documents associated with the appeal/claim to address the issue in full).
7.6. In the event of a disputes arising concerning the Client’s trading transactions and account, review protocol for the Client’s trading transactions will be based on the Company’s own data.
7.7. If the Client violates any of the points above, the Company has the right to refuse the provision of further services.
7.8. If the Client and the Company do not reach an agreement through correspondence and negotiation within 2 months of the date which the dispute was opened, it shall be referred to court and will be resolved according to the current legislation of the Czech Republic Law.
The prices generated by our trading platform(s) are derived from the prices of the relevant underlying instruments, which the Firm obtains from third party liquidity/ price providers. The prices of CFDs that you trade with us include a mark-up; this means that the spreads offered by us comprise of ( i ) the raw spreads received from liquidity/ price provider(s) and (ii) a mark-up (where applicable).
The fees, commissions, SWAPs or spreads are subject to change due to market volality or other risk factors.
We reserve the right to change any of the charges applicable to your dealing with us.
We charge our own SWAP interest rates. We update them as necessary.
Without prejudice to any other rights of ours, or the law, we make may take the following course of action(s):
- Inform you, where we have sufficient time to do so in the circumstances;
- Increase margin requirements / decrease leverage;
- Increase/ change spreads;
- Close any Open Position(s) at the price available in the circumstances, which may include:
- Combine or close any open positions at ‘Volume-Weighted Average Price’ (‘VWAP’);
- Request amendments to any closed position(s)
- Suspend, limit or restrict the provision of our services to you;
- Amend any part of the Agreement on the basis that it is no longer feasible for us to comply with it;
- Cease trading;
- Precluding you from accessing or using the Software or any other system;
- Make any necessary amendments to open trades;
- Allow close-only functionality;
- Reject or delay the processing of any withdrawal request from your Account(s)
- Impose special or different terms regarding any of your orders in relation to size, volatility and/or liquidity of the instrument, amongst others;
- Remove or temporarily suspend any products, or change any contract specifications.
Withdrawal & Refund Policy
To withdraw funds from his/her account, the Client shall submit a withdrawal request from his/her personal profile. In order to fill in the withdrawal request properly, the Client shall choose one of the withdrawal methods shown in the list and specify all the necessary details.
After the Client submits a withdrawal request, such request will be assigned with “Requested” status. When the request is being processed, it has a “Pending” status. After the “Pending” status is assigned, the requested funds will be debited from the Client’s account balance. After the withdrawal request is processed it will be assigned with a “Processed” status, the requested funds will be transferred to the payment system.
Withdrawal requests are processed by the financial department of the Company one-at-a-time. The processing time is about 24 hours. The Company reserves the right to increase the processing time; in such case, the Company shall notify the Client via any contact method specified by the Client in his/her profile.
The Client has the right to withdraw funds only to the payment system that was used to deposit funds to his/her account. In case where it is technically impossible to withdraw funds to the payment system that was used to deposit funds, the payment method shall be chosen by the Company according to the Client’s wishes. In such case, the payment details shall meet the conditions specified by the Client in his/her personal info.
The Client is fully responsible for the information he/she provides to the Company through the withdrawal request.
If the Client uses a bank card for making deposits, withdrawals shall be made to this bank card in the amounts not exceeding the amount deposited within 90 (ninety) calendar days from the last deposit. Withdrawals to bank cards have greater priority than other types of withdrawals.
A client that chooses to make a withdrawal without any active trading being dealt in his account would be subtracted to a 200 EUR deduction from his withdrawal amount due to company fees on transaction and on platform account activation, in order to avoid it client must use his funds for at least one cycle of trading volume.
The Company’s financial responsibilities starts with the first record of the customer’s deposit and will continue up to the full withdrawal of the funds.
The only official methods of deposits/withdrawals are the methods which appear at the company’s official website.
The client is taking all the risks related to the usage of the payment methods, this as to the fact that the payment methods are not company’s partners and not in any of the company’s responsibility. The company isn’t responsible for any delay or cancellation of funds transaction which were caused by the payment method. In case that the client has any claims related to any of the payment methods, it’s in his responsibility to contact the support of the particular payment method and to notify the company about those claims.
The Company shall not be responsible for the activities of any third-party service providers, which the Client may use in order to make any deposit/withdrawal. The Company’s financial responsibility for the Client’s funds starts at the moment the funds arrive to the segregated Company’s Client’s Account bank account or any other account related to the Company and that appears at the Payment Methods page of the website. In case any fraud appears during the financial transaction or after it, the Company reserves, and will use the right, to cancel the transaction and freeze the Client’s account.
The Company’s responsibilities as to the Client’s funds ends at the time the funds leave the segregated Company’s Client’s Account bank account or any other account related to the Company and that appears at Payment Methods page of the website.
In case of any technical mistakes which may appear at the time of financial transaction the company saves the right to cancel those transaction and all other client’s financial activity at the company’s website.
Client’s registration is based on two main steps:
- Client’s web registration.
- Client’s identity verification.
In order to complete the second step the company must demand and the client must:
- Provide full copy of your ID card with photo and personal details.
- The company reserves the right to demand from the client other documents such as payment bills, bank confirmation, bank card scans or any other document that may be necessary during the identification process.
- The identification process should be completed in 10 business days since the company`s request to identify the client. In some cases the company may increase the identification process up to 30 working days.
In order to make a deposit the client has to make an enquiry from his “personal cabinet”. In order to complete the enquiry the client has to choose any of the payment methods from the list, fill all the necessary details and to continue to the payment page.
Processing time of the enquiry depends on the payment method and may vary from one method to another, the company cannot regulate the processing time. In case of using electronic payment methods the transaction time can vary from seconds to days. In case of using direct bank wire the transaction time can be up to 45 business days.
The company is not a tax agent and therefore shall not provide clientele any financial information to any third parties. This information shall not be disclosed unless officially requested by government authorities.
You agree to pay for all goods and/or services or other additional services you ordered through the Website, as well as for any additional expenses (if necessary), including, but not limited to all possible taxes, charges, etc. You take full responsibility for timely payments for Website. Payment service providers only facilitates a payment for the amount indicated by the Website, and it is not responsible for paying any of the Website Clients the aforementioned additional funds/expenses. After clicking the “Deposit” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Deposit” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Website, you confirm and state that you do not violate legislation of any country. Also, by accepting these Rules (and/or Terms & Conditions), you, as a cardholder, confirm that you are entitled to use the Services offered by the Website. In case you use Website’s services, offering such specific services as gaming services, you make legally binding declaration that you have reached or surpassed the legal age, which is considered as such by your jurisdiction in order to use the Services provided by the Website. By start using the Website’s Services you take legal responsibility for not violating the legislation of any country in which this Service is being used, and confirm that the payment service provider is not responsible for any such unlawful or unauthorized violation. By agreeing to use the Website’s Services, you understand and accept that processing of any of your payments are executed by the payment service provider, and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment. If you wish to reject the use of Services for your next purchases of goods and/or services or other facilities on the Website, you can do that by using your Personal account/profile on the Website. Payment service providers are not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorization of the payment with your payment card. Payment service provider is not responsible for the quality, quantity, price, terms or conditions of any goods and/or services or other facilities offered to you or purchased by you from the Website by using your payment card. When you pay for any of the Website’s goods and/or services, you are primarily bound by the Website terms and conditions. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered through the Website and for any additional expenses/fees that can be applied to this payment. Payment service providers act only as the executor of the payment in the amount stated by the Website, and it is not responsible for pricing, total prices and/or total sums. In case there is a situation where you do not agree with the aforementioned terms and conditions and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly the administrator/ support of the Website.
In order to get registered at MYFintec , the Client shall provide certain identifying details to prevent Money Laundering and Identity Theft.
The Client shall provide true, accurate and updated information on his identity and shall not misrepresent himself to be another individual or legal entity. Any changes in the Client’s identifying details shall be notified to the Company immediately and in any case no later than the 7th day from the date of such changes.
The Client’s details that are provided and/or will be provided by the Client during his/her activity at MYFINTEC.com may be used by the Company for sending the Company’s advertising content to the Client, unless the Client removes the mark approving the Company to do so. Such removal can be done when (i) opening an account or (ii) receiving such advertising content. The Client may also send to the Company, at any time, an email to [email protected] asking the Company to cease from sending such advertising content. The aforesaid mark removal and/or email receipt by the Company will oblige the Company to cease sending advertisement content to the Client within seven business days.
The Client’s details that are provided and/or will be provided by the Client during his/her activity on the site may be disclosed by the Company to official authorities. The Company will make such disclosure only if required to be disclosed by the Company by applicable law, regulation or a court order and to the minimum required extent.
Non-confidential information on the Client may be used by the Company in any advertising materials.
As a precondition for performing online transactions, the Client may be asked to provide certain identifying documents and any other documents required by the Company for verification. If such documents are not provided, the Company can, at its sole discretion, freeze the Client’s Account for any period of time as well as to permanently close the Account. Without prejudice to the above, the Company may, at its sole discretion, refuse to open an Account for any person or entity and for any reason, or for no reason.
In case a person gets registered at MYFINTEC.com on behalf of a corporation or other business entity, such registration shall be considered as a representation by such person, and such person is authorized to bind the corporation or other business entity.
The Company shall not divulge any private information of its Clients and/or former Clients unless the Client approved in writing such disclosure or unless such disclosure is required under applicable law or is required in order to verify the Client’s identity. The Clients’ information is passed only to employees of the Company dealing with Client’s Accounts. All such information shall be stored on electronic and physical storage media according to applicable law.
The Client confirms and agrees that all or part of the information concerning the Client’s Account and Transactions will be stored by the Company and may be used by the Company in case of a dispute between the Client and the Company.
At its sole discretion, the Company may, but is not obliged, to review and inspect any information provided by the Client, for any purpose. It is manifestly stated, and by its signature hereunder the Client also agrees, that the Company holds neither commitment nor responsibility to the Client due to any aforesaid review or inspection of information.
The Company will take measures to implement advanced data protection procedures and to update them from time to time for purpose of safeguarding the Client’s private information and Accounts.
Upon registration to MYFINTEC.com, the Client will be asked to choose a username and password to be used by the Client on each future login and for the performance of Transactions and use of the Company’s Services. In order to protect the Client’s privacy and operation with MYFINTEC.com, sharing registration details (including without limitation, username and password) by the Client with other persons or business entities is strictly prohibited. The Company shall not be held responsible for any damages or losses caused to the Client due to improper use (including prohibited and unprotected use) or storage of such username and password, including any such use made by a third party, and whether or not known to or authorized by the Client.
Any use of MYFINTEC.com with the Client’s username and password is Client’s sole responsibility. The Company shall not be held responsible for any such use, including for validation that the Client is actually operating in his/her Account.
The Client is obliged to forthwith notify the Company’s client support of any suspicion for unauthorized use of the Account.
In accordance with the recommendations of Payment Card Industry Security Standards Council, Client’s card details are protected using Secure Sockets Layer encryption — SSL application layer with algorithm AES and key length 256 bit.
Anti Money-Laundering (AML) and Know Your Customer (KYC) Policy
This is the policy of VIVZ , odštěpný závod, operating website MYFINTEC.COM and its affiliates, (hereinafter “the Affiliates”) to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities. The Company requires its officers, employees and affiliates to adhere to these standards in preventing the use of its products and services for money laundering purposes.
For the purposes of the Policy, money laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets.
Generally, money laundering occurs in three stages. Cash first enters the financial system at the “placement” stage, where the cash generated from criminal activities is converted into monetary instruments, such as money orders or traveller’s checks, or deposited into accounts at financial institutions. At the “layering” stage, the funds are transferred or moved into other accounts or other financial institutions to further separate the money from its criminal origin. At the “integration” stage, the funds are reintroduced into the economy and used to purchase legitimate assets or to fund other criminal activities or legitimate businesses. Terrorist financing may not involve the proceeds of criminal conduct, but rather an attempt to conceal the origin or intended use of the funds, which will later be used for criminal purposes.
Each employee of the Company, whose duties are associated with the provision of products and services of the Company and who directly and/or indirectly deals with the clientele of the Company, is expected to know the requirements of the applicable laws and regulations which affect his or her job responsibilities, and it shall be the affirmative duty of such employee to carry out these responsibilities at all times in a manner that complies with the requirements of the relevant laws and regulations. The laws and regulations include, but not limited to: “Customer Due Diligence for Banks” (2001) and “General Guide to Account Opening and Customer Identification” (2003) of Basel Committee of banking Supervision, Forty + nine Recommendations for Money Laundering of FATF, USA Patriot Act (2001), Prevention and Suppression of Money Laundering Activities Law (1996).
To ensure that this general policy is carried out, management of the Company has established and maintains an ongoing program for the purpose of assuring compliance with the relevant laws and regulations and the prevention of money laundering. This program seeks to coordinate the specific regulatory requirements throughout the group within a consolidated framework in order to effectively manage the group’s risk of exposure to money laundering and terrorist financing across all business units, functions, and/or legal entities.
Each of the Affiliates of the Company is required to comply with AML and KYC policies.
All identification documentation and services records shall be kept for the minimum period of time required by local law.
All new employees shall receive Anti-Money Laundering training as part of the mandatory new-hire training program. All applicable employees are also required to complete AML and KYC training annually. Participation in additional targeted training programs is required for all employees with day to day AML and KYC responsibilities.