Privacy Policy

Last modified: January 29, 2025

Introduction

FXnity Limited Liability Company or FXnity SOCIEDAD DE RESPONSABILIDAD LIMITADA is a Costa Rica registered company (the “Company”, “we”, “us”, or “our”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide to us when you use the Company’s services or products made available through any app, website, hosted software service, or otherwise (the “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • From our customers, end users, forum members, visitors, active users with both live and demo accounts, from our business partners, and from all other users of our Services.
  • In email, text, and other electronic messages between you and the Company.
  • Through mobile and desktop applications you may download, which provide dedicated non-browser-based interaction between you and the Company.
  • When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party where our Services are not being used; or 
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or through our website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy Section below). Your continued use of our Services after we make and publish changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. Terms not otherwise defined herein shall have the meaning ascribed to them in the Terms of Use, as the same may be found from time to time on the Company’s website (the “Website”) and incorporated herein as if fully set forth. olicy periodically for updates. Terms not otherwise defined herein shall have the meaning ascribed to them in the Terms of Use, as the same may be found from time to time on the Company’s website (the “Website”) and incorporated herein as if fully set forth. 

Persons Under the Age of 18

lthough the Website and our Services are not intended for persons under 18 years of age, no one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from persons under 18. If you are under 18, do not use or provide any information on the Website or through any of its features, register on the Website, use our Services, use any of the interactive or public features of the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. By using our Website, you stipulate you are 18 years of age or older and we have all legal permission necessary to collect and use your information. If we learn we have collected or received personal information from anyone under 18, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at the contact information provided below in the Contact Information Section herein.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Services and Website, including information:

  • By which you may be personally identified, such as name, postal address, email address, online usernames, dates of birth, website URLs, personal financial information, government issued identification numbers, tax ids, occupation, asset information, trading/investment experience, risk tolerance, and telephone number (“personal information”);
  • Used to create a profile and post contributions;
  • About your use of our Services and activity on our Website, including your positions, orders, charts, indicators, searches, posts, and the files viewed or downloaded on our Website;
  • Considered sensitive information as defined by one or more applicable laws, which may include, in addition to what has already been listed above, account login credentials and precise geolocation;
  • That is about you but individually does not identify you; and/or
  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us, enter it onto the Website, through use of our Services, and when you send it to us.
  • Automatically as you navigate to or through the Website or use our Services through other methods. Information collected automatically may include usage details, IP addresses, and information collected through cookies and potentially other tracking technologies such as web beacons.
  • From publicly available websites or third-party providers.

Information You Provide to Us

The information we collect through your use of our Services, including on or through our Website, may include:

  • Information that you provide by filling in forms. This includes information provided at the time of registering to use our Services or Website, creating or updating a profile, subscribing to our Services, posting material, or requesting further services. We may also ask you for information when we interact with you, including when you participate in our Services, enter a contest or promotion sponsored by us, or when you report a problem with our Services or Website.
  • Records and copies of your correspondence (including email addresses and other contact information), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Services or our Website.
  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or transmitted to other users of the Website or third parties, including by means of third-party communication methods such as Discord, Slack, Campfire, email, and other similarly situated communication platforms (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Services and Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including 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 technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, 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.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To contact and communicate with you, including providing personalized, targeted, or location-based content, services, and advertising both from us and other third-parties.
  • To analyze, improve, and optimize our Services.
  • To process financial transactions involving our Services.
  • To enforce the terms of our Services, protect the rights of our users and customers, and prevent fraud and abuse of our systems.
  • To provide you with notifications, support, information, products, or Services that you request from us or that we choose to otherwise make available to you.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, which may include expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any Services we offer or provide or services that third parties may offer or provide.
  • To allow you to participate in interactive features on our Website.
  • To assist you with creating a profile.
  • To inform you of other Services available from us.
  • To conduct surveys, promotions, and contests.
  • To give search engines access to public information.
  • To conduct analytics and generate reports about our Website and Services.
  • For internal use and for use with our partners to better provide or enhance certain services we offer.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own Services and third-parties’ goods and services that may be of interest to you. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information 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 Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect, or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business, including analytics, advertising, remarketing, impression reporting, and demographic reporting.
  • 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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website 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.
  • To fulfill the purpose for which you provide it.
  • To third-parties as required by law.
  • For any other purpose disclosed by us 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 our terms of use available on the Website and other agreements, including for billing and collection purposes.
  • To review your account information, which may include credit or background checks, to provide you with access to our services.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes or other information-sharing purposes, you can opt-out by sending us an email with your request to us at the contact information provided below.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Accessing, Correcting, and Deleting Your Personal Information

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at the email address provided in the contact information below to request access to, correct, or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Please keep in mind that we will only comply with this obligation to the extent and in such frequency as required by applicable law. Before we grant you rights to access, correct, or delete personal information, we must verify your identity and, if we are unable to do so, we may restrict your rights to access, correct, or delete personal information. We agree to use commercially reasonable efforts to fulfill your request within 30 days, however, we reserve the right to extend this timeframe as necessary.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use found on our Website.

We do not currently sell your sensitive personal information, but we may share your sensitive personal information with subsidiaries, affiliates, and business partners; provided, however, you may have certain rights under applicable privacy laws to limit both the use of, sharing, and sale of your personal information. In order to exercise these rights, to the extent applicable, please contact us at the contact information provided below.

We will not discriminate against you for exercising any of your rights under any applicable privacy law, expressly including denying you goods or services, charging you different prices or rates, providing you with different levels or qualities of goods or services, or suggesting you may receive a different price or rate for goods or services.

Additional Privacy Rights

Certain countries have consumer privacy laws that may provide their residents with additional rights regarding our use of their personal information. Such country’s consumer privacy laws may or may not be applicable to our business, Services, or our Website, however, we will use our commercially reasonable efforts to comply with any such applicable privacy law. As these laws change, are modified, amended, or supplemented, or as new jurisdictions are added that are applicable to us or our Services, you may have certain additional rights that are created and we remain committed to using our commercially reasonable efforts to comply with the foregoing. To exercise any of your rights available to you under your applicable country privacy rights law, please contact us at the contact information provided below. Under each applicable law, we agree to disclose:

  • Personal Information categories collected or processed
  • Processing purposes
  • Personal Information categories shared with third parties, if any
  • Categories of third parties the controller shares personal information with, if any
  • Whether the controller sells personal information to third parties or processes personal information for targeted advertising and how you may exercise the right to opt out of this processing
  • How you may exercise such other consumer rights, including how to submit requests and provide you with appeal information.

In any case, please don’t hesitate to contact us via the contact methods provided below to exercise your rights and we commit to using commercially reasonable efforts to respond in a timely manner to help you exercise your rights.

If you are a resident of an OFAC restricted country or a resident of any state or territory governed by the laws of the United States of America (collectively “Restricted Countries”), please immediately cease using our services and let us know so we can delete your information if permissible by applicable law. We do not advertise or otherwise knowingly permit users of Restricted Countries to use our Services.

To the extent General Data Protection Regulation is applicable to you, you may further have the following rights, among others:

  • The right to be informed about how personal information is being collected, used, how long it will be retained, and whether it will be shared.
  • The right to access the personal information we hold about you.
  • The right to request the correction of inaccurate personal information we hold about you.
  • The right to request we erase your personal information in certain circumstances.
  • The right to restrict processing of your personal information.
  • The right to obtain and reuse your personal information for your own purposes across different services.
  • The right to object to processing activities in certain circumstances.
  • The right to withdraw consent in certain circumstances.
  • Certain rights related to automated decision-making including profiling.
  • The right to file a complaint.

Please contact us to understand more about these rights, among others, and how to enforce them.

Data Privacy

The Company’s Data Privacy team can be contacted at [email protected]. We agree to use our commercially reasonable efforts to timely respond to your requests and, if required, remove your information, by and through our Data Privacy team, in compliance with the terms and conditions set forth in this policy.

Retention Period

We may retain your personal information indefinitely, or for the term of any internal record retention policy. If you would like us to delete your information before the end of any applicable retention policy (or, in the absence of a policy, at any time), please contact us at the contact information provided below.

Data Security

We have implemented certain measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or use of our Services, you are responsible for keeping this password confidential. We encourage you to use 2FA where applicable and further we ask you not to share your password with anyone. We urge you to be careful about posting Contributions and giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes from our privacy policies as to how we treat our users’ personal information, we will notify you by email, through a notice on the Website home page, or through posting updates as applicable on the Website. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, or to exercise any additional rights you may have, please contact us at [email protected] or via the support link available on the Website.