TXC Markets - Terms of Use

LEGAL DISCLAIMER – Terms of Use

Terms and conditions of use

The following general terms and conditions (hereinafter "General Terms and Conditions") govern the use of the website (hereinafter the "Website") of TXC Markets S.r.l., company with registered office in Milan, at 8 Corso Venezia, and tax code, VAT number and registration no. 10196450968 with the Chamber of Commerce of Milan, Monza Brianza and Lodi, R.E.A. number 2512470, company capital fully paid up of Euro 1.185.800,00 (hereinafter the "Company").
By using the Website, the user consents to these General Terms and Conditions. However, if the user does not accept all or any part of the General Terms and Conditions, the Company advises the user neither to use the Website nor to download any material from it. Moreover, in order to use some of the Website services (hereinafter the "Services"), the user may be required to register in accordance with the instructions and procedures from time to time indicated on the Website.
The user's personal data will be processed in compliance with the Company's Data Protection Policy, published under the following General Terms and Conditions, which the user is invited to read.

Usage restrictions

The Company owns the Copyright © to the Website pages. All rights are reserved. None of the Website's content can be partially or totally copied, reproduced, transferred, downloaded, published or distributed in any manner without the Company's prior written agreement, without prejudice to the user’s option to store the Website content on a personal computer or to print extracts of the Website pages solely for personal use. The Company is the sole owner of the brands, logos and material displayed on this Website. These cannot be used without the Company's prior written agreement on any Website other that the Company's Website. The Company's name and any brand that includes the TXC Markets trademark cannot be used as Internet addresses for other websites, nor as any part of these address names, without the Company's prior written consent.

Warranty disclaimers and limitations of liability

The Company reserves the right, at any given time, to amend and/or supplement the General Terms and Conditions. The Company can, furthermore, from time to time, move, cancel or add elements to this Website. The material on the Website is provided "as is" and without any type of explicit or implicit warranty. The Company shall not guarantee or release any declaration relating to the use or to the outcomes of the use of this Website's content regarding its accuracy, reliability or other. The availability of a document on the Website does not imply that the information it contains may not be modified or replaced by subsequent events or by a document published at a later stage. The Company is under no obligation to update the information or the declarations on the Website.

The information provided on this Website is provided in good faith and the Company believes this information to be accurate. In any case, any party intending to purchase any potential products, goods or services shall not refer to this information, but shall furthermore confirm the true nature of these products, goods or services and their established suitability for the purposes for which the user intends to purchase them. Therefore, all the information on this Website is provided without any implicit or explicit warranty of any type, such as, purely by way of example, a warranty concerning the quality of products, goods or services for a specific purpose or a warranty that intellectual property rights have not been breached. Under no circumstances shall the Company be held liable for any direct or indirect damages caused by the use of this Website.

Links

The Website may display links to other internet sites and other web resources (hereinafter "Other Websites"). The user acknowledges that the Company cannot in any way be held liable for the content and/or advertisements and/or function of the Other Websites and/or for any products and/or services of any type (including e-commerce services) promoted, offered or advertised on these sites. The user therefore acknowledges that the Company is not in any way liable, directly or indirectly for any potential damages the user may suffer resulting from the content and/or the function of the Other Websites or resulting from the purchase and/or the use of goods or services through Other Websites.
Any user visiting Other Websites does so at their own risk, undertaking all the necessary measures to protect themselves against viruses or other damaging elements. A link to other sites does not imply that the Company sponsors or is affiliated with the businesses providing the services described on these sites.

Information received by the Company

Any material sent to the Company, for example by email or through web pages, will be deemed non-confidential information. The Company is under no obligation, of any type, concerning this material and shall be free to reproduce, use, disclose, show, alter or create works derived from it and distribute it to third parties without any restrictions. Furthermore, the Company shall be free to use any ideas, concepts, know-how or technical knowledge contained in this material, for any purpose, including, and without restriction, to develop, produce and sell products using this material. Whosoever sends material, guarantees that this material is publishable and agrees to hold the Company harmless from any action by third parties with regard to this material.

Cookie Policy

Cookies represent data created by a server, which are stored in a text file on your PC's hard drive allowing a Website to track your behaviour and your preferences. Cookies are used for different purposes, they have different characteristics, and they may be used by the owner of the website you are visiting or by third parts.

You can automatically reject all cookies, by activating the relevant option in the browser in accordance with the procedures outlined below.

By closing this banner, clicking on any link present on this page, scrolling through this page or in any other way) you automatically give your consent for the use of cookies.

The Controller of the Cookies installed is the Company.

To identify the controllers of the processing about cookies installed by third parts, you should consult links under the information on the websites of third parts.

The authorization for using the cookies is optional. Nevertheless, the non-provision of the authorization will make it impossible to carry out the following activities.

The data provided authorizing the use of the cookies will not be disseminated or communicated to third parties by the Controller. Nevertheless, they could be known by processors and personnel in charge of the processing of personal data (employees and/or contractors of the Controller, or employees and/or contractors of the Group’s companies of which the Controller is part).

The updated list of the third parties’ processors is kept in the Controller’s offices.

We remind you that you may also manage your preferences on the cookies through the browser.

If you do not know the type and the version of the browser in use, click on “Help” in the browser’s window at the top of the page, from which you may access all the necessary information.

The browser’s settings can usually be changed easily, following the explained process below:

· Select Internet Options or Preferences on the Instrument menu or View or edit;

· Select Privacy or Protection or Download Files and choose the favourite settings.

It is also possible to find other instructions on the browser’s website used by the user.

We remind you that in relation to this processing, you can exercise the rights pursuant to articles 15 to 22 of the GDPR, such as:

· Right of access: right to obtain from the Data Controller confirmation whether the Data Subject’s personal data is being processed and, where that is the case, he/she can obtain access to it and to additional information on the origins, purposes, categories of data processed, the recipients to whom the data have been disclosed and/or transferred, etc..

· Right to rectification: the right to obtain from the Controller without undue delay the rectification of inaccurate personal data, as well as to have incomplete personal data completed, including by means of providing a supplementary statement.

· The right to erasure: the right to request that the Data Controller removes personal data without undue delay in cases where:

o this personal data is no longer necessary in relation to the purposes for which it was collected;

o the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing;

§ personal data has been unlawfully processed;

§ personal data must be erased to comply with a legal obligation.

· The right to object to data processing: the right to object at any given time to the processing of personal data which the Data Controller has legitimate grounds to process.

· Right to restriction: the right to request that the Data Controller restricts the processing where the accuracy of the personal data is contested (for a period enabling the Data Controller to verify the accuracy of the personal data), where the processing of data is unlawful and the Data Subject objects to this processing, where the Data Subject requires the personal data for the establishment, exercise or defence of legal claims, and following the objection, pending the verification whether the legitimate grounds of the Data Controller override those of the Data Subject.

· Right to portability: right to receive the personal data in a structured, commonly used and machine-readable format, and the right to transmit this data to another data controller, only in the case where this data processing is based on consent or on a contract and solely if the processing is carried out electronically.

· The right not to be subject to automated decision-making: the right to obtain from the Data Controller confirmation that the Data Subject will not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her, unless such decisions are necessary for entering into, or performance of, a contract, or they are based on the consent given by the Data Subject.

· The right to lodge a complaint with a supervisory authority: without prejudice to any other administrative or legal action, the Data Subject who believes that its rights under the GDPR have been breached has the right to lodge a complaint with a supervisory authority.

You can exercise the rights under the GDPR:

i. forwarding your request to the Data Controller by email to: support@txcmarkets.com ; or

ii. alternatively, contacting the Data Controller at the following postal address:

TXC Markets S.r.l.

Corso Venezia 8,

Milan, 20121

with the subject heading “Cookies website”.

Below you may find all the information about installed cookies through this website, and the necessary indications to manage your preferences regarding them.

Your consent applies to the website: www.txcmarkets.com

· Browser Cookies: Cookies to facilitate the users' browsing experience and track the user's movements when browsing the Website. These cookies disappear after a month.

· Analytics cookies: Google analytics cookies used to collect aggregated and anonymous information regarding users' browsing behaviour on websites. The user can disable Google Analytics cookies by downloading a specific browser plug-in from the URL below:
https://tools.google.com/dlpage/gaoptout

In addition, the Company uses the following third-party cookies:

· Other third-party cookies: Third parties may store cookies in the user's browser as he/she browses the Website (for example, when using the sharing buttons to share the site's content on any social network). To manage these cookies click on this link http://www.addthis.com/privacy/opt-out

You can configure your browser to delete these cookies automatically once the browser, the computer or mobile device is shut down, by using the following links:

· Google Chrome: https://support.google.com/chrome/bin/answer.py?hl=it&answer=95647

· Firefox: https://support.mozilla.org/it/kb/Gestione%20dei%20cookie?redirectlocale=en-us&redirectslug=cookies

· Microsoft Internet Explorer: http://support.microsoft.com/kb/196955

· Safari web:https://support.apple.com/kb/PH19214?viewlocale=it_IT&locale=it_IT

· Safari iOS: http://support.apple.com/kb/ht1677

Law and jurisdiction

These conditions are governed by Italian law. The Court of Milan, Italy, shall have jurisdiction and exclusive competence for any potential disputes related to these conditions. Nevertheless, the Company reserves the right, where deemed necessary, to engage in legal proceedings in any courts in countries or cities other than Italy or Milan, to protect its own interests and to defend its rights.

Information on Personal Data Processing - Article 13 of Regulation (EU) No. 2016/679 of the European Parliament and of the Council (Data Protection Policy)

TXC Markets S.r.l., with registered office in Milan, at 8 Corso Venezia, and tax code, VAT number and registration no. 10196450968 with the Chamber of Commerce of Milan, Monza Brianza and Lodi (hereinafter the "Company" or "Data Controller"), is responsible for processing personal data and provides the following data protection policy to data subjects (hereinafter the "Data Subjects"), pursuant to article 13 of Regulation (EU) No. 2016/679 (hereinafter the "GDPR").

The Company, acting as the Data Controller, agrees to protect the confidentiality and the rights of the Data Subject. According to the principles established by the aforementioned regulations, this data processing will be based on principles of accuracy, legality and transparency.

1. Data processing purposes

This policy applies solely to the Company's website www.txcmarkets.com (the “Website”), excluding any potential Websites which the Data Subject may access through links. The Data Subject can voluntarily provide his/her own personal data for processing and use by the Company for the purposes related to the service requested indicated under the specific notices reported or shown on the Website for specific services or requirements.

The Data Subjects' data shall be processed by the Company for the purposes of browsing the Company's Website and the related interactions with the services electronically accessible from the Website.

Providing data for the purposes illustrated above is optional. Nevertheless, the non-provision of data and/or the potential objection to allow the data to be processed shall result in the Data Controller being unable to provide the requested services. Data processing is legal when it complies with the legal provisions and regulations and allows the Data Controller to exercise its rights.

Providing data for the purposes illustrated above is optional. Nevertheless, any potential objection shall result in the Data Controller being unable to carry out the activities indicated on the Website.

Furthermore, the Data Subject can withdraw his/her consent at any given time as easily as he/she gave it.

2. Data Processing Procedures

Data are processed electronically and/or on paper by recording, processing, storing and disclosing it using IT tools.

Appropriate tools and supports are used to process data fto ensure that it remains secure and confidential.

When processing data the Company agrees to:

· ensure that the data processed is accurate and up to date and to carry out, in a timely manner, any potential changes and/or amendments requested by the Data Subject;

· use secure measures to ensure adequate protection of the data, taking into consideration the potential impacts that processing this data may have on the fundamental rights and liberties of the Data Subject;

· to notify the Data Subject of any potential breach concerning personal data within the time frames and under the circumstances provided by the binding regulations;

· to ensure the compliance of the processing operations with the applicable legislative provisions.

3. Disclosure and dissemination of data

Notwithstanding the mandatory disclosures carried out in compliance with legal provisions, the Data Subject's personal data may become known to third parties, other than the Data Controller, such as:

· employees and contractors of the Data Controller with employees and contractors of the TXC Markets’s companies, acting as authorised personnel in charge of the processing of personal data ("Personnel in charge of the processing");

· national and international companies who are part of the same group to which the Data Controller belongs;

· IT consultants employed by the Data Controller;

· authorities in general, administration, entities and public organisations, both national and international;

exclusively for the purposes listed above in accordance with any consent given by the Data Subject. Personal data will not be disseminated.

4. Transfer of data abroad

Personal data is stored and processed within the European Union.

Any potential processing of personal data outside of the European Union shall only take place with the adoption of appropriate guarantees, as provided by the binding regulations.

5. Data Storage Policy

The Company shall store personal data in a form capable of allowing it to identify Data Subjects according to the following conditions:

· the data is stored for a period of time not exceeding the time required for the purposes of processing the data, unless otherwise provided by the legislative provisions;

· to comply with specific regulatory obligations;

· where applicable and legitimate, until a request from the Data Subject for the data to be erased.

6. Data Subject Rights

The Data Subject can exercise his/her rights under the binding regulations and in particular under articles 15 to 22 of the GDPR, such as:

· The right to erasure: the right to request that the Data Controller removes personal data without undue delay in cases where:

o o this personal data is no longer necessary in relation to the purposes for which it was collected;

o o the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing;

§ o personal data has been unlawfully processed;

§ o personal data must be erased to comply with a legal obligation.

· The right to object to data processing: the right to object at any given time to the processing of personal data that the Data Controller has legitimate grounds to process.

In order to exercise its rights under the GDPR, the Data Subject can:

i. forward his/her request to the Data Controller by email to: support@txcmarkets.com or

ii. alternatively, contact the Data Controller at the following postal address:

TXC MARKETS S.R.L.

Corso Venezia 8

20121 - MILAN.

with the subject heading “Privacy website”.