Legal data

Privacy policy

This Privacy Policy describes the manner in which we collect, use, maintain and disclose information collected from our counterparties. In this Privacy Policy, we refer to individuals connected to our corporate counterparties whose personal information we may collect and process in order to fulfil our obligations under the General Terms and Conditions for digital asset services (hereinafter referred to as “Terms”), for example company directors and shareholders. In this Privacy Policy, "personal information" means any information that can be used to identify you or that we can link to you.

1. Collection of personal information.

   1. We may collect personal information from counterparties in a variety of ways, including, but not limited to, when counterparties visit our Website, register on the Website (if such an option is available), submit enquiries, complaints or requests to us, and in connection with other activities, services, features or resources we make available on our Website.
   2. counterparties may be asked for identification information as appropriate. We will collect personal identification information from counterparties only to the extent required by our AML/KYC policy. Counterparties are not obliged to provide us with identification information, but if they do not provide it, they may not be able to enter into Transactions under the Terms.
   3. The personal information we may collect from you include:
      1. Identity Data (i.e., username, your name and title, date of birth, address, telephone and email address);
      2. Transaction Data (i.e., your payment and settlement details);
      3. Technical Data includes (internet protocol (IP) address, login data, API data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices used to access our website or servers);
      4. Profile Data (i.e., history of your orders and transactions, settlement history, settlement and payment preferences, feedback responses).
   4. When we conduct AML/KYC checks, we also collect personal information from third party sources, such as public registers and records and credit reference agencies.

2. Information usage. We may collect and use your personal information for the following purposes:

   1. to create a counterparty account for the company you are associated with;
   2. to conduct AML/KYC checks;
   3. to respond to any questions, requests or complaints from you;
   4. to fulfil our obligations under this Agreement, such as sending you Confirmations.

3. Legal basis. There are different legal bases that we rely on to use your personal information, namely:

   1. the use of your personal information may be necessary to fulfil our obligations under the Terms, for example, we will use your personal information to respond to your requests;
   2. we rely on your consent when this is required by law; you may withdraw your consent at any time by contacting us;
   3. we may use your personal information for our legitimate interests, for example to improve our products and services and the content of the Website; when we process personal information to meet our legitimate interests, we always balance these against the fundamental rights and freedoms of data subjects, and put in place robust safeguards to ensure your privacy is protected;
   4. we may use or disclose your personal information when we are required to do so by law (for example regulatory KYC and reporting obligations).

4. Your rights over personal information.

   1. You have certain rights regarding your personal information, subject to local law. These include the rights to:
      1. access your personal information;
      2. rectify the information we hold about you;
      3. erase your personal information;
      4. restrict our use of your personal information;
      5. object to our use of your personal information;
      6. receive your personal information in a usable electronic format and transmit it to a third party;
      7. and lodge a complaint with your local data protection authority.
   2. If you would like to discuss or exercise such rights, please contact us.
   3. We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate.
   4. Please note that we will likely require additional information from you in order to honour your requests.

5. Information sharing.

   1. We do not sell, trade, or rent your personal information to others. We may share generic aggregated information not linked to any personal identification information regarding visitors and users with our business partners and with regulatory bodies to the extent required by law.
   2. We may also share your personal information with third parties under the following circumstances:
      1. service providers and business partners. We may share your personal information with our service providers and business partners that perform marketing services and other business operations for us (for example, we may partner with other companies to process secure payments, fulfil orders, clear trading operations, optimise our services, send newsletters and marketing emails, support messaging services and analyse information);
      2. any law enforcement agency, court, regulator, government authority or other third party. We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party;
      3. any third party that purchases, or to which we transfer, all or substantially all of our assets and business; if such a sale or transfer occurs, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this Privacy Policy.
   3. The recipients referred to above may be located outside the jurisdiction in which you are located. It means your personal information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for personal information under European Union law. However, we have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us.

6. Information protection

   1. We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:
      1. maintain business records for analysis and/or audit purposes;
      2. comply with record retention requirements under the law;
      3. defend or bring any existing or potential legal claims;
      4. and deal with any complaints regarding the relationship between us.
   2. We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.
7. Electronic newsletters. If a user decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.
8. Compliance with children's online privacy protection act. We do not accept users under the age of 18 and no part of our Website is structured to attract anyone under 18.
9. Changes to this Privacy Policy. We have the discretion to update this Privacy Policy at any time. Where changes to this Privacy Policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g., to object to the processing).
10. Your acceptance of the terms. If you do not agree to this Privacy Policy, you should not enter into any agreement or relationship with us.
11. Third party software. Our website uses Google Analytics and Smartlook to get statistics on the visitors.

Risk disclosure

The intention of this Risk Disclosure is to inform you that the risk of loss in relation to any Transaction may be substantial in certain circumstances. You should not deal with us unless you understand the nature of the Transactions you are entering into and the extent of your exposure to risk. You should also carefully consider whether, and be satisfied that the Transactions are suitable for you in light of your circumstances and financial position.

This Risk Disclosure is an integral part of the General Terms and Conditions for digital asset services (hereinafter referred to as “Terms”). Words, phrases and capitalised terms in this Risk Disclosure shall have the same meaning as given to them in the Terms (unless otherwise expressly provided herein).

In considering whether to trade, you should also be aware of the following:

1. You are responsible for your decisions. We do not and will not provide any investment advice in relation to a Transaction, your portfolio or trading strategy. This means that we will not make personal recommendations or advise on the merits of purchasing, selling, or otherwise dealing in particular investments or executing particular Transactions, any tax consequences or the composition of any portfolio or any other rights or obligations attaching to such investments or Transactions. Therefore, you must rely on your own judgement in deciding to enter into or close a Transaction.
2. You must act only by yourself ('as principal') and not on behalf of others. We will deal with you on the basis that you act as principal and not as an agent for any undisclosed person. This means that unless we have otherwise agreed in writing, we will treat you as our counterparty for all purposes and you will be directly and personally responsible for performing your obligations under each Transaction entered into by you. If you act in connection with or on behalf of someone else, whether or not you identify that person to us, we will not accept that person as an indirect counterparty of ours and we will accept no obligation to them unless otherwise specifically agreed in writing. Further, failure to inform us that another person is operating on your behalf may result in us terminating the contractual relationship with you governed by the Terms and stop providing you our services.
3. Transactions subject to these Terms will be off-exchange (i.e., over-the-counter ( “OTC”)). While some off-exchange markets are highly liquid, transactions in off-exchange, over-the-counter or “non-transferable” transactions may involve greater risk than on-exchange transactions because there is no exchange market on which to close out an open position. It may be impossible to liquidate an existing position, to assess the value of the position arising from an off-exchange transaction or to assess the exposure to risk. Bid prices and offer prices need not be quoted, and even where they are, they will be established by dealers in these instruments and consequently it may be difficult to establish what is a fair price. Before you undertake such Transactions you should familiarise yourself with the applicable rules and attendant risks.
4. Foreign Currency (FX) risks. The profit or loss on Transactions in foreign currencies will be affected by fluctuations in currency exchange rates where there is a need to convert from the currency of a Transaction to your local currency. Thus, you are exposed to risks that exchange rates may significantly change and to the risk that governments and monetary authorities may impose (as some have done in the past) exchange controls that could adversely affect an applicable exchange rate.
5. Market Risk. Your payments and/or receipts in respect of a Transaction on a settlement date are independent from the changes in the value of the assets of a Transaction after the trade date. In particular, you recognise that you may have to pay for a devalued asset more than its market value on a settlement date.
6. Credit Risk. Any Transaction which requires us to make payments to you will expose you to our credit risk (as opposed to the credit risk of a central clearing corporation as would generally be the case in certain other markets).
7. Liquidity Risk. A Transaction generally cannot be assigned, transferred or terminated without the consent of the other Party, and the other Party is not legally or contractually obliged to give its consent. It therefore may be impossible for you to liquidate your position at any time and you may have to search another counterparty to enter into an offset position or minimise your risk in a different manner.
8. Price Risk. Because the prices and characteristics of Transactions are individually negotiated and there is no central source for obtaining prices from competing dealers, there can be inefficiencies in transaction pricing. We make no representation or warranty that prices will always be the best prices available to you. We may make a profit from a Transaction with you no matter what result the transaction has from your point of view.
9. The prices of Digital Assets are volatile and fluctuate sometimes dramatically. The price of a Digital Asset may move up or down, and may become valueless. In light of this, you should be prepared to lose your entire investment in such Digital Assets.
10. We are not insured by a regulator or other government body or entity. Accordingly, in the case of a default by us, you will not benefit from any government backed compensation scheme or the protections offered to investors or other creditors of authorised or otherwise regulated institutions. You understand and agree that as a financial intermediary FinchTrade is not supervised by the Swiss Financial Market Supervisory Authority FINMA but by the self-regulatory organisation VQF (Financial Service Standards Association).
11. Risk of Conflict of Interest. You recognise that we and/or our Affiliates may at any time enter or have entered into other contracts with or for other parties including, without limitation, contracts for the purpose of hedging or for any other purpose, contracts which may result in our and/or our Affiliates holding a potentially opposing position to yours in respect of a Transaction, that we may also therefore gain a profit, charge or remuneration for ourself and/or our Affiliates, and that in such cases we and/or our Affiliates shall not be liable to account or specifically disclose to you either the fact of such contracts or any such profit, charge or remuneration made or received by us and/or our Affiliates from any such contract or other related contract. You agree that unless otherwise expressly specified in a Confirmation, we shall be deemed to be acting in all respects as principal for the purpose of each Transaction entered into by you; however, this will not prevent or restrict us (in our sole discretion but without any obligation to do so) from simultaneously or any other time acting as principal or agent for the purposes of any other contracts (whether for hedging purposes or otherwise) with or for any other party, including contracts which may involve a potentially opposing position to yours in respect of a transaction.
12. You understand and agree that the brief Risk Disclosure above cannot disclose all the risks and other significant aspects of Transactions to be entered into with us and you should therefore carefully study these Transactions before you trade. In particular, you understand and acknowledge that:
    1. you have read and understood the nature and contents of the risks which are contained in this Risk Disclosure;
    2. you are acting on your own account and have reviewed carefully your specific financial needs and investment objectives before entering into any Transaction, and you have made your own independent decision to enter into any Transaction and as to the legality, suitability and appropriateness of any transaction based upon your own judgement and upon advice from such advisers as you have deemed necessary;
    3. you confirm that neither we, nor any Affiliate of us, is acting as a fiduciary for or an adviser to you in respect of any Transaction;
    4. you are not relying on any communication (written or oral) from us or from any our Affiliate as investment advice or as a recommendation to enter into any Transaction and you understand that the information and explanations of the terms of any Transaction as contained in any Confirmation shall not be considered to be investment advice or a recommendation to enter into such Transactions;
    5. and you understand the tax implications of a Transaction, particularly as regards to Transactions involving Digital Assets, in your jurisdiction including, without limitation, income tax, corporation tax, capital gains tax or any sales tax or value added tax and any other tax framework in place within your country of residence for tax purposes;
    6. you acknowledge that no communication (written or oral) received from us or from any of our Affiliate shall be deemed to be an assurance or guarantee as to the expected results of any Transaction.