Privacy and Legal
Table of Contents
Apex Fintech Solutions
LAST UPDATED: March 27, 2021
This website, https://apexfintechsolutions.com (this “Site”), and all contents and materials herein (the “Site Contents”), are copyrighted under the laws of the United States of America and are protected by copyright laws and treaty provisions throughout the world. You may not copy, distribute, transmit, modify, frame, post or link this Site or the Site Contents without prior written consent of Apex Fintech Solutions LLC (“Apex”), as described below. You may download the Site Contents for personal and non-commercial use, provided that you do not modify or alter such Site Contents in any way, nor delete or change any copyright or trademark notice indicated on this Site. Apex reserves and maintains complete title and full intellectual property rights for Site Contents downloaded from this Site, and no such title or intellectual property rights shall vest or be transferred in any way to you. All trademarks, logos, service marks, trade dress, slogans, copyrighted designs or other brand features of Apex or its affiliated entities are owned by Apex and may only be used pursuant to an explicit license agreement with Apex. No Site Content or any part thereof may be modified, reverse-engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written consent of Apex. You may not use the Site Content for any unlawful or unauthorized purposes.
LAST UPDATED: March 26, 2021
Apex Fintech Solutions LLC (“Company” or “We”) respect your privacy and are 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 when you visit the website apexfintechsolutions.com (the “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
- On the Website.
- In email, text, and other electronic messages between you and the Website or the Company.
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; or
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to the Website or through any of their features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- By which you may be personally identified by, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“);
- 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.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
Information You Provide to Us.
The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of signing up to our Website or subscribing to any available promotional content. We may also ask you for information if you report a problem with our Website.
- Records and copies of your correspondence (including email addresses), if you contact us or participate in events.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our 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 any 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. It helps us to improve our Website.
The technologies we use for this automatic data collection may include:
- 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. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
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. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We do not sell any of your personal information. We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and their content to you.
- To provide you with information.
- To fulfill any purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- 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 Apex Fintech Solutions LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Apex Fintech Solutions LLC about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Apex Fintech Solutions LLC, our customers, or others.
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:
- Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt out by checking the relevant box located on the form on which we collect your data. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or use the unsubscribe function at the bottom of the email.
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.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
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.
888 7th Avenue, 32nd Floor
New York, NY 10106
LAST UPDATED: August 10, 2022
The Firm carries your account as a clearing broker by arrangement with your broker/dealer or registered investment advisor as the Firm’s introducing client. The Firm understands that privacy is an important issue for customers of its introducing firms. It is the Firm’s policy to respect the privacy of all accounts that it maintains as clearing broker and to protect the security and confidentiality of non‐public personal information relating to those accounts. Please note that this policy generally applies to former customers of the Firm as well as current customers.
Personal Information Collected
In order to service your account as clearing broker, information is provided to the Firm by your introducing firm who collects information from you in order to provide the financial services that you have requested. The information collected by your introducing firm and provided to the Firm may come from the following sources:
- Information received from you, such as your name, address, telephone number, social security number, occupation, and income
- Information relating to your transactions, including account balances, positions, and activity
- Information which may be received from consumer reporting agencies, such as credit bureau reports
- Information relating to your creditworthiness
- Information which may be received from other sources with your consent or with the consent of your introducing firm
In addition, the Firm may compile aggregate, anonymous, or de‐identified data from various sources, including but not limited to accounts and transactions. This data, which the Firm may use for its business purposes consistent with applicable law, does not identify individual customers.
Sharing of Non-public Personal Information
The Firm does not disclose nonpublic personal information relating to current or former customers of introducing firms to any third parties, except as required or permitted by law, including but not limited to any obligations of the Firm under the USA PATRIOT Act, and to facilitate the clearing of customer transactions in the ordinary course of business.
The Firm has multiple affiliates and relationships with third party companies. Examples of these companies include financial and non‐financial companies that perform services such as data processing and companies that perform securities executions on your behalf. The Firm may share information among its affiliates, as permitted by law, to better service your financial needs.
The Firm strives to ensure that its systems are secure and that they meet industry standards. The Firm seeks to protect nonpublic personal information that is provided to the Firm by your introducing firm by implementing physical and electronic safeguards. Where the Firm believes appropriate, the Firm will employ firewalls, encryption technology, user authentication systems (i.e., passwords and personal identification numbers) and access control mechanisms to control access to systems and data. The Firm endeavors to ensure that third party service providers who may have access to non‐public personal information are following appropriate standards of security and confidentiality. The Firm instructs its employees to use strict standards of care in handling the personal financial information of customers. As a general policy employees will not discuss or disclose information regarding an account except with authorized personnel of your introducing firm or as required by law or pursuant to regulatory request and/or authority.
Access to Your Information
You may access your account information through a variety of media offered by your introducing firm and the Firm (i.e., statements or online services). Please contact your introducing firm if you require any additional information.
The Firm may use “cookies” to provide better service, to facilitate its customers’ use of the website, to track usage of the website, and to address security hazards. A cookie is a small piece of information that a website stores on a personal computer, and which it can later retrieve.
The Firm reserves the right to make changes to this policy.
Apex Clearing Corporation
Attn: Compliance Department
350 N. St. Paul St., Suite 1300
Dallas, Texas 75201
By accessing and using this World Wide Web Site or any service of this Web site, you acknowledge, accept and agree to all of our terms, conditions and privacy policies described below, and otherwise contained on or referenced in this Web site (the Agreement). If you do not agree to this Agreement, you are not authorized to access and use this site. You also acknowledge and agree that we may modify this Agreement at any time, in our sole discretion; that all modifications to this Agreement will be effective immediately upon our posting of the modifications on this site; and that you will review this Agreement each time you access this site, so that you are aware of and agree to any and all modifications made to this Agreement. You also acknowledge and agree that, unless we specifically indicate otherwise, this Agreement only applies to this site and our online activities and does not apply to any of our offline activities. For purposes of this Agreement, PDQ means PDQ Enterprises, LLC, and its subsidiaries and affiliates. The Site shall mean the Web site of PDQ available to the general public and located at pdqenterprises.com, CODA Markets.com, and selected other domains. Content means any and all information, statements, materials, articles, research, data, software, links to third party websites, products and services made available on or accessible through the Site.
The fact that PDQ has made or may make Content available on or accessible through the Site does not constitute a representation by PDQ that any such Content is suitable or appropriate for you. PDQ is not soliciting any action based on it. The Content is not to be construed as a recommendation or an offer to buy or sell, or the solicitation of an offer to buy or sell, or to enter into any transaction in respect of, any security, financial product or other instrument. All Content contained herein is obtained by PDQ from sources believed by PDQ to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, neither PDQ nor the third-party Content providers are responsible for any errors or omissions. ALL INFORMATION AND CONTENT IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. PDQ makes no representations and disclaims all express, implied, and statutory warranties of any kind to user and/or any third party, including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. PDQ does not undertake to advise you of changes in any of the Content, and you should note the date of publication of each component of the Content. You acknowledge that: (a) the Site is provided for informational purposes only; (b) the Site may include information taken from third-party sources; and (c) any reliance on any portion of the Content shall be at your sole risk. The Content may not be used for any illegal purpose or in any manner inconsistent with the Terms and Conditions of Use. The Content may not be used in any manner that would subject PDQ to any registration requirements in any jurisdiction or country. You may not display any Content in any way that creates a misimpression or likelihood of confusion that such Content is from any source other than PDQ. Unless due to their willful misconduct or gross negligence, PDQ and its affiliates, employees, officers and representatives shall not have any liability in tort, contract, or otherwise (and as permitted by law, product liability), to user and/or any third party. None of PDQ, its affiliates, employees, officers or representatives shall under any circumstance be liable to user (and/or any third party) for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if PDQ has been advised of the possibility of such damages. Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above.
The works of authorship contained in this Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by PDQ, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of PDQ, except to the extent that such use constitutes fair use under the Copyright Act of 1976, as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing PDQ’s Terms and Conditions of Use, Disclaimer, Copyright, Trademark and Privacy Notice. Unless you have a written agreement in effect with PDQ which states otherwise, you may only provide a hypertext link to the Site on another website provided that (a) the link must be a text-only link clearly marked PDQ Home Page or pdqenterprises.com or CODA Markets.com, (b) the link must point to the URL HTTP://WWW. pdqenterprises.com or HTTP://WWW. CODA Markets.com and not to other pages within the Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with PDQ’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by PDQ, (e) the link, when activated by a user, must display the Site full-screen and not within a frame on the linked website, and (f) PDQ reserves the right to revoke its consent to the link at any time in its sole discretion.
Trademarks and Service Marks
PDQ owns registered and common-law trademarks, service marks, domain names and trade dress protected by trademark laws in the United States and other countries. Marks used herein, whether or not appearing in large print, italics or with the trademark/service mark symbol, are trademarks or service marks of PDQ, its subsidiaries, related companies or third party content providers, unless otherwise noted. The use or misuse of these trademarks/service marks or any other content or materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law and/or other relevant laws. Please be advised that PDQ actively and aggressively enforces its intellectual property rights to the fullest extent of the law. PDQ marks, names, logos and trade dress include, but are not limited to, the following: PDQ, PDQ ENTERPRISES, CODA, CODA MARKETS, CODA BLOCK, CODA MICRO, CODA FLARE, CODA PULSE, and the stylized coda symbol.
Securities Prices/Trading Data
PDQ reserves all rights to the PDQ securities prices that it makes available to you through the Site. You understand and acknowledge that those PDQ securities prices do not reflect trading activity other than through the CODA MARKETS and are intended to provide you with a reference point only, rather than as a basis for making trading decisions. PDQ does not guarantee that data, and shall not be liable for any loss due either to its negligence or to any cause beyond its reasonable control. Any redistribution of that data is strictly prohibited.
Laws and Applicable Jurisdiction
You acknowledge and agree that your access to and use of this Site is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You acknowledge and agree that any legal action, whether at law or in equity, arising out of or relating to these Terms and Conditions of Use will be filed only in the state or federal courts located in New York City; that you irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and that you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. The failure of PDQ to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision. Any clause of this Agreement declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder. The terms of this Agreement may only be amended in a writing signed by PDQ.
The PDQ Site does not require you to provide personal, nonpublic information. We only collect personal, nonpublic information that you knowingly and willingly supply to us. For example, you can sign up to receive email notifications by submitting your email address. You can also unsubscribe at any time. Visitors to the PDQ Site may choose to complete a contact form, which may request information such as name, address, telephone number, e-mail address, etc. Visitors may also use this form to share comments relating to our Web site or our business in general. The information provided through this form will be used either to improve the content of our Web site or to direct a member of our sales department to contact the visitor. None of the information provided in the contact form will be sold or transferred to any third party. We will not share your information with third parties unless required by law. We store your information securely and only for the purpose of providing services you have requested from us or as otherwise described herein.
PDQ may also collect data on the general usage of the PDQ site. Like most Web sites, the PDQ site maintains logs that when analyzed show IP addresses of our visitors, date and time and pages viewed. These reports do not contain personally identifiable information. Cookies are also used in our site. Cookies are small text files that are placed in a site visitor’s computer that contain no personal information about the visitor, but enable us to determine whether the site visitor has viewed the site previously. If you have any questions about our Privacy Notice, please contact us at: PRIVACYINQUIRIES@PDQENTERPRISES.COM
Last Updated: June 25, 2019
Apex Crypto User Agreement
This user account agreement (“User Agreement”) sets forth the respective rights and obligations between you, Apex Clearing Corporation (“Apex Clearing”), and Apex Crypto LLC, a limited liability company formed under the laws of Delaware (“Apex Crypto,” “we,” or “us”). Your brokerage firm shall be referred to as the “Correspondent” hereunder but shall not be considered a party to this User Agreement. Please read through this User Agreement carefully before registering an account and accessing or using the Services (as defined herein).
BY REGISTERING AN ACCOUNT WITH APEX CRYPTO (“Account”), OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND TO THE TERMS AND CONDITIONS CONTAINED IN THIS USER AGREEMENT IN THEIR ENTIRETY, INCLUDING ALL TERMS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17, AND THE MANDATORY INFORMATION SHARING PROVISION IN SECTION 5.1, DO NOT REGISTER AN ACCOUNT OR ACCESS OR USE THE SERVICES.
1. Scope of Services
This User Agreement applies to your access to and use of our Services, as described herein. By registering an Account with Apex Crypto, in accordance with the terms and conditions contained in this User Agreement, you will be able to: (i) enter into transactions with Apex Crypto through your Correspondent’s mobile application or website(s) (the “Platform”) to purchase supported cryptocurrencies for personal, non-commercial purposes; (ii) enter into transactions with Apex Crypto through the Platform to sell cryptocurrencies that you previously purchased from Apex Crypto (purchase and sell transactions are referred to herein, collectively, as “Cryptocurrency Transactions”); (iii) store cryptocurrency that you acquired through Cryptocurrency Transactions in one or more hosted cryptocurrency wallets (“Hosted Wallets”); and (iv) track your Cryptocurrency Transactions and Hosted Wallet balance(s) through the Platform, (collectively, the “Services”). You agree, represent and warrant that the Services constitute financial and investment transactions and that no consumer transactions are contemplated by or permitted under this User Agreement.
2. Modifications to this User Agreement
We reserve the right to make changes to this User Agreement at any time and at our sole discretion. If we make changes, we will post the amended User Agreement to apexcrypto.com and update the “Last Updated” date above. We may also attempt to notify you by sending an email notice to the address associated with your Account or by providing notice through the Platform. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Unless we say otherwise in our notice, the amended User Agreement will be effective immediately and will apply to any then current and subsequent uses of the Services, including any pending Cryptocurrency Transactions. You are responsible for reviewing this User Agreement each time you access or use our Services. Your continued access to and use of your Account and/or the Services after we provide notice will constitute your acceptance of the changes. If you do not agree to any of the amended terms and conditions, you must stop accessing and using the Services and close your Account immediately.
3.1 General Requirements
To register for an Account or access or use the Services you must be an individual at least 18 years of age and have the legal capacity to enter into this User Agreement. In addition, you must have a brokerage account, in good standing, held at Apex Clearing (“Brokerage Account”).
3.2 Restricted States
You may not register an Account or use the Services if you are a resident of any state in which Apex Crypto is not authorized to provide the Services (“Restricted States”). A current list of Restricted States, which is incorporated by reference, is available at apexcrypto.com and is subject to change at any time.
You hereby represent and warrant that you are not a resident of any Restricted State and that you will not register an Account or use the Services even if our methods to prevent you from registering an account or using the Services are not effective or can be bypassed.
3.3 Restricted Foreign Jurisdictions
You may not register an Account or access or use the Services if you are located in, under the control of, or a citizen or resident of any state, country, territory or other jurisdiction to which the United States has embargoed goods or services, or where your use of the Services would be illegal or otherwise violate any applicable law of such jurisdiction or of the United States (“Restricted Jurisdiction”). We may implement controls to restrict access to the Services from any Restricted Jurisdiction.
You hereby represent and warrant that you are not under the control of, or a citizen or resident of any Restricted Jurisdiction and that you will not access or use any Services while located in any Restricted Jurisdiction, even if our methods to prevent access to and use of the Services from these jurisdictions are not effective or can be bypassed.
3.4 Restricted Persons
You hereby represent and warrant that you have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and you will not use our Services to conduct any illegal or illicit activity.
4. Account Registration
4.1 Personal Information
During the Account registration process you must provide us with information and documentation that we request for the purpose of establishing and verifying your identity (“Personal Information”). In addition, as a condition to accessing and using the Services, you must authorize Apex Clearing to share your Personal Information with us pursuant to Section 5.1. Personal Information may include your name, email address, residential address, phone number, date of birth, and taxpayer identification number. Personal Information may also include documentation, such as copies of your government-issued photo identification (for example, your passport, driver’s license, or military identification card), account statements, and other documents as we may require. Personal Information will be retained by us at our discretion and in accordance with applicable laws. You agree to provide us accurate, current and complete Personal Information.
You hereby authorize us, or a third-party service provider that we designate, to take any measures that we consider necessary to confirm the Personal Information you provide, verify and authenticate your Personal Information, and take any action we deem necessary based on the results. You acknowledge that this process may result in a delay in registering your Account, and that you will not be authorized to access or use the Services until your Account registration has been successfully completed.
5. Account Authorizations
5.1 Mandatory Information Sharing
You hereby authorize your Correspondent and Apex Clearing to provide Apex Crypto any of your personal information maintained in connection with your Brokerage Account, and to continue sharing such information, and any revisions or additions thereto, with Apex Crypto on an ongoing basis until your Account is either closed or terminated in accordance with this User Agreement. You hereby authorize Apex Crypto to provide your Correspondent and Apex Clearing any of your Personal Information, and to continue sharing such information, and any revisions or additions thereto, with them on an ongoing basis until your account(s) with your Correspondent or Apex Clearing is closed pursuant to the terms and conditions governing such account(s).
5.2 Authorization to Apex Crypto
You understand and acknowledge that your Account is self-directed, and you hereby appoint Apex Crypto as your agent for the purpose of carrying out your instructions in accordance with this User Agreement. You hereby authorize Apex Crypto to open and close your Account, place and cancel orders to purchase and sell cryptocurrency (“Orders”), collect and offset any fees or other amounts due to Apex Crypto, and take such other steps as are reasonable to carry out your instructions.
5.3 Authorization to Apex Clearing
You understand and acknowledge that when you submit an Order through the Platform to purchase cryptocurrency, you are authorizing and instructing Apex Crypto to instruct Apex Clearing to accept such instruction to transfer the funds required for the Cryptocurrency Transaction from your Brokerage Account to either (i) an account held at Apex Clearing in the name of Apex Crypto; or (ii) an external bank account in the name of Apex Crypto, (each such account, an “Entity Account”). You understand and acknowledge that your Account is provided by Apex Crypto and is separate from your Brokerage Account. You further understand and acknowledge that Apex Crypto is not under the control of Apex Clearing, that any Entity Account is outside of Apex Clearing’s possession and control, and that Apex Clearing does not have the ability to monitor or recall the funds after such funds have been wired or transferred to an Entity Account. You further understand and acknowledge that, upon transfer from your Brokerage Account, the funds will no longer be provided protection under the Federal Deposit Insurance Corporation (“FDIC”) or the Securities Investor Protector Corporation (“SIPC”).
You agree to hold Apex Clearing harmless with respect to Apex Clearing accepting and following your instructions to transfer funds from your Brokerage Account to an Entity Account. You hereby authorize and instruct Apex Clearing to accept all instructions to deposit funds into your Brokerage Account from an Entity Account at the sole instruction of Apex Crypto. You understand that you may revoke this authorization at any time by terminating your Apex Crypto Account.
You understand and acknowledge that cryptocurrencies in your Apex Crypto Account are not held at Apex Clearing and that Apex Clearing is not involved in the purchase, sale, execution, custody, or trading of cryptocurrencies, and only takes instructions regarding transferring funds as described in this User Agreement.
6. Use of Margin is Strictly Prohibited
Apex Crypto does not provide margin trading, and margin trading is not including as part of the Services.
7. Account Management
7.1 Account Access
Once you have successfully registered an Account, you will be able to access your Account by logging into the Platform using the username and password associated with the Platform (collectively, “Login Credentials”). You may only access your Account using your Login Credentials, or as may be authorized or required by us and your Correspondent. From time to time, Apex Crypto or your Correspondent may require you to change your Login Credentials and re-verify your Personal Information at their discretion and as a condition to your continued access to and use of your Account and the Services.
You hereby represent and warrant that you will not share your Login Credentials with any third-party or permit any third-party to gain access to your Account, and you hereby assume responsibility for any instructions, orders, or actions provided or taken by anyone who has accessed your Account regardless of whether the access was authorized or unauthorized.
Only individuals that have successfully registered an Account (“Users”) are authorized to access and use the Services.
7.2 Account Maintenance
You are required to maintain the information associated with your Account (“Account Profile”) updated at all times, and you agree to update your account profile immediately of any changes to Personal Information that you previously provided. YOU UNDERSTAND THAT A CHANGE IN YOUR STATE OF RESIDENCE MAY IMPACT YOUR ELIGIBILITY TO ACCESS AND USE THE SERVICES, AND HEREBY AGREE TO NOTIFY US IN ADVANCE OF ANY CHANGE IN YOUR STATE OF RESIDENCE. PLEASE REFER TO OUR LIST OF RESTRICTED STATES, WHICH IS AVAILABLE at apexcrypto.com.
As part of our legal compliance program (“AML Program”), we will monitor your Account and your use of the Services, and review your Personal Information on an ongoing basis, as may be required by law and/or pursuant to our internal policies and procedures. At any time, we may require you to provide us with additional Personal Information as a condition to your continued access to and use of your Account and the Services. During such time, your access to and use of your Account and the Services may be temporarily restricted.
7.3 Account Security
You are solely responsible for managing and maintaining the security of your Login Credentials and any other forms of authentication, and you understand and acknowledge that we are not responsible (and you will not hold us responsible) for any unauthorized access to and or use of your Login Credentials and/or Account (“Unauthorized Access”).
7.4 Unauthorized Account Activity
You are solely responsible for monitoring your Account for unauthorized or suspicious instructions, orders, actions, or transactions (“Unauthorized Activity”), and agree that we are not responsible (and you will not hold us responsible) for any Unauthorized Activity.
You agree to protect your Account from Unauthorized Activity by (i) reviewing, on an ongoing basis, your transaction history and your Account Profile; (ii) reviewing, immediately upon receipt, any Confirmations, confirmations and notices we provide through the Platform, post to your Account or send to the email address associated with your Account; and (iii) verifying that you receive a confirmation from us that an Order or instruction you provide was received, executed or cancelled, as applicable, and (iv) in the event of not having received any such confirmation, notifying us within twenty-four (24) hours of such Order or instruction.
7.5 Potentially Fraudulent Activity
Any actual or suspected Unauthorized Access and/or Unauthorized Activity will be treated by Apex Crypto as potentially fraudulent (“Potentially Fraudulent Activity”). You agree to notify us within twenty-four (24) hours if you become aware of or suspect any Potentially Fraudulent Activity, by emailing AccountSecurity@apexcrypto.com. For avoidance of doubt, you are deemed to be aware of Potentially Fraudulent Activity upon receipt of any notice of the occurrence of such activity. Upon receipt of written notice from you any Potentially Fraudulent Activity, we will take reasonable steps to protect your Account, including, for example, by temporarily restricting access to your Account, suspending any pending Cryptocurrency Transactions, and/or requiring you to change your Login Credentials.
You agree to promptly report any Potentially Fraudulent Activity to legal authorities and provide us a copy of any report prepared by such legal authorities. In the event of an investigation of any Potentially Fraudulent Activity, you further agree to (i) cooperate fully with the legal authorities and Apex Crypto in such investigation; (ii) complete any required affidavits promptly, accurately and thoroughly; and (iii) allow Apex Crypto, or any third-party designated by us, access to your mobile device, computer, and network as may be relevant to such investigation. You understand and acknowledge that any failure to cooperate in any such investigation may cause delays in regaining access to your Account and any cryptocurrency held in your Hosted Wallet(s).
8. Account Closure
8.1 Account Closure
You may close your Account at any time and for any reason unless Apex Crypto believes, at our sole discretion, that such closure is being performed in an effort to evade an investigation. Closing an Account will not affect any rights or obligations incurred prior to the date of closure in accordance with this User Agreement. Prior to closing your Account, you must liquidate any cryptocurrency balance(s) maintained in your Hosted Wallet(s), the proceeds of which shall be transferred to your Brokerage Account.
You understand and acknowledge that you are solely responsible for any fees, costs, expenses, charges or obligations (collectively, “Costs”) associated with the closing of your Account. In the event any incurred Costs exceed the value of your Account, you understand and acknowledge that you are responsible for reimbursing Apex Crypto the value of such Costs and that you will remain liable to Apex Crypto for all obligations incurred in your Account, pursuant to this User Agreement, or otherwise, whether arising before or after the closure of your Account or the termination of this User Agreement.
8.2 Account Suspension or Termination
By using the Services, you understand and acknowledge that we have the right, at our sole discretion, to immediately suspend or terminate your Account and/or freeze any cryptocurrency balance(s) in your Hosted Wallet(s), without prior notice if (i) we suspect, at our sole discretion, you to be in violation of any provision of this User Agreement, our AML Program, or any applicable laws or regulations; (ii) we are required to do so by law or by any regulatory authority, court order, facially valid subpoena, or binding order of a government authority; (iii) we suspect any suspicious or Unauthorized Activity or any actual or attempted unauthorized access to your Account or Login Credentials; (iv) your account with the correspondent has been suspended or terminated or you no longer have access to the Platform; or (v) the Account has not been accessed in two years or more. You must notify Apex Crypto if you intend to, or actually do, close your account with Correspondent.
If your Account has been suspended or terminated, you will be notified when you attempt to access the Services. We may, at our sole discretion and as permitted by law, provide written notice that your Account has been suspended or terminated.
Upon termination of your Account, unless prohibited by law, any remaining cryptocurrency balance(s) in your Hosted Wallet(s) may be liquidated and the proceeds, less any Costs, will be returned to your Brokerage Account, at the discretion of Apex Crypto. In the event your Account is terminated, you hereby authorize Apex Crypto to sell any such remaining cryptocurrency balance(s) in your Hosted Wallet(s) at the prevailing market price(s), and transfer the proceeds to your Brokerage Account, less any Costs associated with such sale(s), the Account, or its termination.
As used herein, “cryptocurrency” (also referred to as “virtual currency,” “digital currency,” “digital asset,” and “digital commodity”) means a digital representation of value which is based on a cryptographic protocol that can be digitally traded and functions as: (1) a medium of exchange; and/or (2) a unit of account; and/or (3) a store of value, but does not have legal tender status and is not issued or guaranteed by any government. Cryptocurrency is distinguished from “fiat currency” (such as U.S. dollars), which is the coin and paper money of a country that is designated as its legal tender. For more information, please refer to the FATF Report, Virtual Currencies, Key Definitions and Potential AML/CFT Risks, FINANCIAL ACTION TASK FORCE (June 2014), available here.
9.2 Supported Cryptocurrencies
A list of cryptocurrencies that Apex Crypto currently supports is available via the Platform. Apex Crypto may delist a cryptocurrency, at any time and for any reason at our sole discretion, including due to changes in a given cryptocurrency’s characteristics after Apex Crypto has listed the cryptocurrency or due to a change in the cryptocurrency’s regulatory classification.
9.3 Network Control
Apex Crypto does not own or control any of the underlying software through which blockchain networks are formed and cryptocurrencies are created and transacted. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the Services, you understand and acknowledge that Apex Crypto is not responsible for operation of the underlying software and networks that support cryptocurrencies and that Apex Crypto makes no guarantee of functionality, security, or availability of such software and networks.
The underlying protocols are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a cryptocurrency (“Forked Assets”).
You understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex Crypto, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-parties that are outside of our control. You understand and acknowledge that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies you store in your Hosted Wallet(s). In the event of a Fork, you understand and acknowledge that Apex Crypto may temporarily suspend the Services (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support.
YOU ACKNOWLEDGE AND HEREBY AGREE THAT APEX CRYPTO MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO MAY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.
9.5 Risks of Cryptocurrency Trading
There are several risks associated with cryptocurrencies and cryptocurrency trading. By accessing and using the Services, you hereby represent and warrant that you have read our Cryptocurrency Risk Disclosure available at apexcrypto.com/legal, which is incorporated by reference.
10. Cryptocurrency Transactions
10.1 Market Orders
Orders to purchase or sell cryptocurrency at the prevailing market price (“Market Orders”) are based on the prevailing market price at the time the Market Order is filled. You understand and acknowledge that the price at which your Market Order is filled may vary from the price displayed at the time your Market Order is placed, and you further understand and acknowledge that Apex Crypto may, at its sole discretion, cancel any Market Order if the prevailing market price changes significantly from the time the Market Order was placed. You further understand and acknowledge that Apex Crypto may, at its sole discretion, cancel any Market Order. Apex Crypto, or Apex Crypto through your Correspondent, will send you a notification upon the occurrence of a cancellation of any Market Order.
10.2 Order Placement
Orders are placed on the Platform through your Account using your Login Credentials. You understand that all Orders to purchase or sell cryptocurrency will be executed in reliance on your promise that an actual purchase or sale is intended, and that Apex Crypto requires full payment in cleared, non-margined funds at the time an Order is filled. You further understand and acknowledge that you are not permitted to place an Order to purchase cryptocurrency unless you have enough non-margined funds available in your Brokerage Account, and that you are not permitted to place an Order to sell cryptocurrency unless you have enough cryptocurrency available in your Apex Crypto Account.
You understand and acknowledge that Apex Crypto does not guarantee that an Order you place will be filled, and you further understand and acknowledge that Apex Crypto reserves the right to cancel any Order or part of an Order, if such Order (i) was placed during a scheduled or unscheduled downtime of Apex Crypto, Apex Clearing, or your Correspondent, (ii) violates the terms of this User Agreement, or (iii) is non-marketable.
10.3 Order Routing
All Orders will be routed to us by or through your Correspondent. By using the Services, you understand and acknowledge that all Orders routed to us by or through your Correspondent which are placed through your Account using your Login Credentials are your Orders, and you agree to be bound by all terms and conditions pertaining to such Orders in accordance with this User Agreement.
10.4 Source of Funds; Destination of Proceeds
Apex Crypto only authorizes the purchase of cryptocurrency using non-margined funds maintained in your Brokerage Account. You understand and acknowledge that you are not allowed to use funds that are not owned by you to enter into Cryptocurrency Transactions, and that you are not authorized to enter into Cryptocurrency Transactions on behalf of any third party. You hereby represent and warrant that all funds used by you to enter into Cryptocurrency Transactions (presently and in the future) are owned by you and are not the direct or indirect proceeds of any criminal or fraudulent activity.
You understand and acknowledge that any proceeds from the sale of cryptocurrency shall be returned to your Brokerage Account, and that you will not have the option to transfer proceeds to any other account, including an account that you own.
10.5 Transaction Limits
You understand and acknowledge that your use of the Services is subject to a limit on volume (in USD terms) that you may transact in a given time period. Such limits may vary, at our sole discretion, depending on a variety of factors, and we may apply higher limits to certain Users at our discretion.
10.6 Transaction Record
When your Order is filled, Apex Crypto, or your Correspondent on behalf of Apex Crypto, will send your confirmation (a “Confirmation”) through the Platform or to the email address associated with your Account. We may choose, at our sole discretion and without prior notice to you, to periodically consolidate Orders into a single Confirmation. Confirmations contain the following information: (i) Cryptocurrency Transaction date; (ii) Order type; (iii) trading pair; (iv) amount and U.S. dollar value of cryptocurrency purchased or sold; (v) price information; (vi) fees; (vii) a unique Order identification number; and (viii) any other information we may elect to include at our sole discretion or as required by law.
A record of your Cryptocurrency Transactions (“Transaction History”) conducted during the preceding twelve (12) months is available through your Account on the Platform. Transaction History that is older than twelve (12) months may be requested by emailing apexcrypto.com or by accessing your monthly statements on the Platform.
Apex Crypto maintains records of all Cryptocurrency Transactions for a period as required by law.
10.7 Right to Offset
In the event that you fail to provide sufficient funds at the time an Order is filled, Apex Crypto reserves the right, in our sole discretion, to cancel, reverse or fill such Order in whole or in part. You agree to be responsible for the costs of any such action taken by Apex Crypto. You understand and acknowledge that if a failure to provide sufficient funds results in an amount due and owing by you to Apex Crypto (a “Negative Balance”), Apex Crypto shall have the right to (i) charge a reasonable rate of interest on any such Negative Balance; (ii) offset any such Negative Balance, including any accrued interest and consequential losses, by transferring funds that are or become available in your Brokerage Account to Apex Crypto.
Orders may not be cancelled after they are filled.
You are solely responsible for reviewing your Confirmations and for monitoring your Transaction History for any errors (or any Potentially Fraudulent Activity, as outlined in Section 7.5). You understand and acknowledge that if you have not received a Confirmation or an Order cancellation notice, you are responsible for notifying us via email at firstname.lastname@example.org within twenty-four (24) hours of placing the Order. You further understand and acknowledge that you are solely responsible for reviewing your Confirmations for accuracy and for notifying us of any suspected errors via email at email@example.com within twenty-four (24) hours of the time any such Confirmation was sent. You hereby waive your right to dispute any Cryptocurrency Transaction unless you notify us of any objections within twenty-four (24) hours of the time in which the applicable Confirmation was sent.
You understand and acknowledge that Apex Crypto reserves the right, but has no obligation, to declare null and void a Cryptocurrency Transaction that Apex Crypto considers to be erroneous. A Cryptocurrency Transaction may be deemed erroneous when its price is substantially inconsistent with the prevailing price at the time the Order is filled (each, an “Erroneous Transaction”). You understand and acknowledge that you are responsible for ensuring that the appropriate price and Order type is submitted when you place an Order to purchase or sell cryptocurrency with Apex Crypto, and that a simple assertion by you that a mistake was made in entering an Order, or that you failed to pay attention to or update an Order, shall not be sufficient to establish it as an Erroneous Transaction. You further understand and acknowledge that if Apex Crypto determines that a given Cryptocurrency Transaction is an Erroneous Transaction, Apex Crypto may, at our sole discretion, declare it null and void, in whole and in part, even if you do not agree to cancel or modify it, in which case you shall return the cryptocurrency or funds received in the Erroneous Transaction.
Apex Crypto, Apex Clearing, and your Correspondent use commercially reasonable efforts to provide the Services in a reliable and secure manner. From time to time, interruptions, errors, delays, or other deficiencies in providing the Services may occur due to a variety of factors, some of which are outside of Apex Crypto’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Platform or the Services (collectively, “Downtime”).
You understand and acknowledge that part or all of the Platform or Services may be unavailable during any such period of Downtime, and you acknowledge that Apex Crypto is not liable or responsible to you for any inconvenience or losses to you as a result of Downtime. Following Downtime, you further understand and acknowledge that the prevailing market prices of cryptocurrency may differ significantly from the prices prior to such downtime.
11. Hosted Wallets
Cryptocurrencies that you purchase from Apex Crypto shall be stored as part of the Services in one or more omnibus Hosted Wallets. Apex Crypto shall track the balance and ownership of cryptocurrencies purchased through the Services and stored in Hosted Wallets, and you understand that you can view the balance of cryptocurrencies in your Account through the Platform.
12. General Terms of Service
A schedule of our fees is accessible by logging into the Platform. Fees are subject to change, at our sole discretion, and you understand and acknowledge that you are solely responsible for accessing the fee schedule prior to placing an Order. You hereby acknowledge that your placement of an Order will constitute your acceptance of the fee published at the time the Order is placed.
12.2 Self-Directed Account
You understand and acknowledge that your Account is self-directed, you are solely responsible for any and all Orders placed through your Account, and all Orders entered by you are unsolicited and based on your own investment decisions. You understand and acknowledge that you have not received and do not expect to receive any investment advice from Apex Crypto or any of its Affiliates (including Apex Clearing) in connection with your Orders. Notwithstanding anything in this User Agreement, you understand and acknowledge that Apex Crypto accepts no responsibility whatsoever for, and shall in no circumstances be liable to you in connection with, your decisions. You further understand and acknowledge that under no circumstances will your use of the Services be deemed to create a relationship that includes the provision or tendering of investment advice. You acknowledge that neither Apex Crypto, nor any of our Affiliates (including Apex Clearing), nor any of our or our Affiliates’ employees, agents, principals, or representatives (i) provide investment advice in connection with this Account, (ii) recommend any cryptocurrencies, Cryptocurrency Transactions, or Orders, or (iii) solicit Orders. To the extent research materials or similar information are available through the Platform, I understand that these materials are intended for informational and educational purposes only and they do not constitute a recommendation to enter into any Cryptocurrency Transactions or to engage in any investment strategies.
You understand and acknowledge that all notices and communication with you will be through the Platform, your Account, or via an email sent by us, or by your Correspondent on behalf of us, to the email address associated with your Account. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and immediately notify us if there are any changes. Delivery of any communication to the email address associated with your Account is considered valid. If any email communication is returned as undeliverable, we retain the right to block your access to your Account until you provide and confirm a new and valid email address.
You understand and acknowledge that Apex Crypto does not provide tax or legal advice. You further understand and acknowledge that Apex Crypto will report Cryptocurrency Transactions and the proceeds from cryptocurrency sales to the Internal Revenue Service to the extent and manner in which so required by law.
12.4.1 U.S. Persons
This subsection is applicable if you are a U.S. person (including a U.S. resident alien) as such term is defined in section 7701(a) of the Internal Revenue Code of 1986, as amended (“U.S. Person”). Under penalties of perjury, you hereby certify that the taxpayer identification number that you have provided or will provide to Apex Crypto in connection with your Account (including any taxpayer identification number on any Form W-9 that you have provided or will provide) is your correct taxpayer identification number.
12.4.2 Non-U.S. Persons
This subsection is applicable if you are not a U.S. Person. You hereby certify that you fully understand all the information on any Form W-8BEN that you have submitted or will submit to Apex Crypto in connection with your Account. Under penalties of perjury, you declare that (i) you have examined all the information on any Form W-8BEN that you have submitted or will submit to Apex Crypto and (ii) to the best of your knowledge and belief all such information is true, correct, and complete.
14. Remedies for Breach; Remedies in General
In the event that you or your officers, managers, partners, directors, Affiliates, employees, independent agents or contractors breach any of your representations, warranties, agreements or covenants set forth in this Agreement or otherwise fail to comply with the requirements of this Agreement, any policies of Apex Crypto, Apex Clearing or the terms of service set forth on our website, including without limitation, giving Apex Crypto inaccurate or incomplete information for any reason, Apex Crypto will have the right to terminate this Agreement and to close your Account. Apex Crypto will also have the right to restrict your transactions by refusing to either accept or execute any transactions for your Account. You are liable for all damages suffered by Apex Crypto and its Affiliates resulting from any such breach by you or your officers, managers, partners, directors, Affiliates, employees, independent agents or contractors. Further, in the event of such breach, Apex Crypto will have the rights of a secured creditor under all applicable laws with respect to your Account and can (i) recover all damages incurred by Apex Crypto and its Affiliates by selling any or all of the cryptocurrencies held in your hosted wallet. Apex Crypto has sole discretion over what actions, if any, it takes in the event of such breach and may take action without prior notice to you and/or (ii) recover against your accounts with your Correspondent. If a breach by you or your officers, managers, partners, directors, Affiliates, employees, independent agents or contractors involves participation by other parties with accounts at Apex Crypto, you and such parties will be jointly and severally liable for all resulting damages to Apex Crypto and its Affiliates.
The enumeration in this Agreement of specific remedies shall not be exclusive of any other remedies that may be available at law or in equity. Any delay or failure by any party to this Agreement to exercise any right, power, remedy or privilege herein contained, or now or hereafter existing under any applicable statute or law, shall not be construed to be a waiver of such right, power, remedy or privilege, nor to limit the exercise of such right, power, remedy or privilege, nor shall it preclude the further exercise thereof or the exercise of any other right, power, remedy or privilege.
15.1 Indemnification by You
In addition to any other obligations you may have under other provisions of this Agreement, you agree to indemnify, defend and hold harmless Correspondent, Apex Crypto, Apex Clearing, each of their Affiliates and all of their officers, directors, managers, partners, employees, independent contractors, or agents, (collectively, the “Apex Crypto Indemnified Persons”) from and against all claims, demands, proceedings, suits and actions and all liabilities, losses, expenses, costs (including reasonable legal and accounting fees and expenses), damages, penalties, fines, taxes or amounts due of any kind (collectively, “Losses”) arising out of, in connection with or relating to (A) you or your officers, managers, partners, directors, Affiliates, employees, independent agents or contractors, for any reason, fraudulent or otherwise, failing to perform or comply with any obligation, agreement or covenant under this Agreement, the Services or your use of the Services or any other services provided in connection with your Account, the Platform or your use of the Platform, (B) a breach by you or your officers, managers, partners, directors, Affiliates, employees, independent agents or contractors, of any representation or warranty made by you under this Agreement or your provision of any inaccurate or incomplete information to any of the Apex Crypto Indemnified Parties for any reason in connection with this Agreement, the Services, any other services provided in connection with your Account or the Platform, (C) any negligent, dishonest, fraudulent, or criminal act or omission by your or any of your officers, managers, partners, directors, Affiliates, employees, or independent agents or contractors, (D) any claim or dispute between you and your Correspondent and (E) any failure by you or your officers, managers, partners, directors, Affiliates, employees, independent agents or contractors to comply with any laws, rules or regulations applicable to you or them. Notwithstanding the foregoing, an Apex Crypto Indemnified Person shall not be entitled under this paragraph to receive indemnification for that portion, if any, of any liabilities and costs which is solely caused by its own individual gross negligence, willful misconduct or fraud, as determined by arbitration in accordance with Section 17 below.
15.2 Indemnification Procedures
Upon receipt by any Apex Crypto Indemnified Person(s) under this Section 15 of notice of the commencement of any action, and if a claim is to be made against you under this Section 15, the Apex Crypto Indemnified Person(s) will promptly notify you; provided, however, that no delay on the part of the Apex Crypto Indemnified Person(s) in notifying you shall relieve you from any obligation hereunder unless (and then solely to the extent) you thereby are prejudiced. Further, the omission to promptly notify you will not relieve you from any liability that you may have to any Apex Crypto Indemnified Person(s) otherwise than under this Section 15. In any such action brought against any Apex Crypto Indemnified Person(s), you will be entitled to participate in and, to the extent that you may wish, to assume the defense thereof, subject to the provisions herein stated, with counsel reasonably satisfactory to such Apex Crypto Indemnified Person(s). After notice from you to such Apex Crypto Indemnified Person(s) of your election to assume the defense thereof, you will not be liable to such Apex Crypto Indemnified Person(s) under this Section 15 for any legal or other expense subsequently incurred by such Apex Crypto Indemnified Person(s) in connection with the defense thereof other than reasonable costs of investigation or in the case of an actual or potential conflict of interest between you and any Apex Crypto Indemnified Person(s), identified in writing by counsel to the Apex Crypto Indemnified Person(s). You shall keep the Apex Crypto Indemnified Person(s) informed of the status of the defense of such claims, and you will not agree to any settlement without consent of the Apex Crypto Indemnified Person(s), which consent will not be unreasonably withheld. The Apex Crypto Indemnified Person(s) shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not, other than in the case of an actual or potential conflict of interest between you and Apex Crypto Indemnified Person(s), be at your expense if you have assumed the defense of the action with counsel satisfactory to the Apex Crypto Indemnified Person(s). In the event that the Apex Crypto Indemnified Person(s) reasonably believes that you are not adequately defending a claim, the Apex Crypto Indemnified Person(s) will have the right to assume the defense of such claims at your sole expense. You will not settle any action unless such settlement completely and finally releases the Apex Crypto Indemnified Person(s) from any and all liability and otherwise is acceptable to the Apex Crypto Indemnified Person(s). Except with your prior written consent, the Apex Crypto Indemnified Person(s), you may not confess any claim or make any compromise in any case in which you may be required to provide indemnification.
16. Limitation of Liability
YOUR ACCOUNT AT APEX CRYPTO, THE SERVICES, YOUR USE OF THE ACCOUNT, THE PLATFORM, YOUR USE OF THE PLATFORM AND ANY OTHER SERVICES PROVIDED TO YOU IN CONNECTION THEREWITH ARE PROVIDED BY CORRESPONDENT, APEX CRYPTO AND THEIR AFFILIATES AND ANY OTHER SERVICE PROVIDERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CORRESPONDENT AND APEX CRYPTO DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT ANY OF THE SERVICES OR THE PLATFORM, OR ANY DATA OR OTHER INFORMATION PROVIDED TO YOU BY CORRESPONDENT, APEX CRYPTO OR THEIR AFFILIATES OR THROUGH THE PLATFORM WILL FULFILL ANY PARTICULAR PURPOSES OR NEEDS. THERE IS NO WARRANTY THAT THE SERVICES PROVIDED HEREUNDER OR THE PLATFORM WILL BE ERROR FREE, UNINTERRUPTED, TIMELY, RELIABLE, COMPLETE OR ACCURATE.
None of Correspondent, Apex Crypto, Apex Clearing, any of their Affiliates nor any of their officers, directors, managers, partners, employees or independent agents or contractors will be liable to you or any of your Affiliates for any losses, expenses (including legal fees and costs), liabilities, damages, costs, demands, obligations, penalties, charges, causes of action, claims, fines, taxes or amounts due of any kind (both known and unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, payable now or payable in the future, accrued or not accrued) (collectively, “Losses”) arising out of, related to or resulting from your Account, the Services or your use of the Services, including without limitation any trading or other activities conducted in the Account, the Platform or your use of the Platform, including without limitation, your sending orders for the purchase and sale of cryptocurrencies to Apex Crypto and directing the transfer of funds to Apex Crypto, and the storage of your cryptocurrencies, except to the extent and only to the extent that your Losses are actual and have been finally determined by a court of competent jurisdiction or arbitration panel to have resulted solely from the gross negligence, intentional misconduct or fraud of Correspondent, Apex Crypto, Apex Clearing, any of their Affiliates or any of their officers, directors, managers, partners, employees or independent agents or contractors. You will not be held liable for such actual Losses that have been finally determined to have resulted solely from the gross negligence, intentional misconduct or fraud of Correspondent, Apex Crypto, Apex Clearing, any of their Affiliates or any of their officers, directors, managers, partners, employees or independent agents or contractors. Further, none of Correspondent, Apex Crypto, Apex Clearing, any of their Affiliates or any of their officers, directors, managers, partners, employees or agents will have responsibility for Losses or have any other liability to you (i) arising out of or resulting from any actions or inactions or performance of services by any third party or actions of other participants in the markets with respect to your Account or the activities conducted through your Account or (ii) arising out of or resulting from system failures, outages, unauthorized access to the Account, conversion of property, errors of any kind, government actions, force majeure events, trading suspensions, or any other causes over which Apex Crypto does not have direct control. Further, none of Correspondent, Apex Crypto, Apex Clearing, any of their Affiliates or any of their officers, directors, managers, partners, employees or agents shall be liable for any Losses that are not direct damages, including without limitation, indirect, special, incidental, punitive, consequential or exemplary damages, which includes trading losses, lost profits and other lost business opportunities relating to the Account, the Services and your use of the Services, the Platform and your use of the Platform, including without limitation for sending orders for the purchase and sale of cryptocurrencies to Apex Crypto, directing the transfer of funds to Apex Crypto and the storage of your cryptocurrencies.
17. Third Party Beneficiaries.
Except for Correspondent, who shall be considered a third-party beneficiary under Sections 15 and 16 of this User Agreement, but for the avoidance of doubt not under Section 15.1(D), this User Agreement is intended to be solely for the benefit of you, Apex Clearing and Apex Crypto and is not intended to confer any benefits upon, or create any rights in favor of, any person other than you, Apex Clearing and Apex Crypto.
18. Dispute Resolution
In the event of a dispute between the parties regarding the subject matter of this User Agreement, such dispute shall be settled by arbitration before one arbitrator sitting in Chicago, Illinois, unless the amount in dispute exceeds $1,000,000, in which case the arbitration shall be before three independent arbitrators sitting in Chicago, Illinois.
- ARBITRATION IS FINAL AND BINDING ON THE PARTIES.
- THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL; PROVIDED, HOWEVER, THAT THE PARTIES RESERVE THE RIGHT TO SEEK PURELY INTERIM OR EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION AS SET FORTH BELOW.
- PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDINGS.
- THE ARBITRATOR OR ARBITRATION PANEL SHALL ISSUE A REASONED AWARD.
EACH PARTY AGREES TO ADVISE THE OTHER PARTY PROMPTLY IN THE EVENT A DISPUTE ARISES BETWEEN THEM (OR ANY OF THEIR AFFILIATES, IT BEING UNDERSTOOD THAT AFFILIATES ARE BOUND BY THIS USER AGREEMENT). THE PARTIES AGREE TO ATTEMPT TO RESOLVE ANY SUCH DISPUTE INFORMALLY BEFORE FILING A FORMAL ACTION. IF A DISPUTE CANNOT BE RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, AND MEDIATION (DESCRIBED BELOW) FAILS TO RESOLVE THE DISPUTE, EITHER PARTY MAY FILE AN ARBITRATION DEMAND. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND PRIOR TO SUCH TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR TIMING REQUIREMENTS TO PRESERVE ITS CLAIMS.
ANY CONTROVERSY, DEMAND, CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, BY STATUTE OR OTHERWISE, BETWEEN YOU AND APEX CRYPTO (OR ITS AFFILIATES) INCLUDING THOSE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ACCOUNT, ANY ACTIVITIES IN THE ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY USE OF THE SERVICES, USE OF THE PLATFORM, THIRD PARTY SERVICES, SENDING ORDERS FOR THE PURCHASE OR SALE OF CRYPTOCURRENCIES, AND THE STORAGE OF YOUR CRYPTOCURRENCIES, SHALL BE EXCLUSIVELY, FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION PURSUANT TO THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (INCLUDING THE EXPEDITED PROCEDURES FOR SUCH RULES IF THE MATTER IS ARBITRATED BY A SINGLE ARBITRATOR). THE ARBITRATION WILL BE HELD IN CHICAGO, ILLINOIS, UNLESS SUCH LOCATION IS NOT CONVENIENT, THE ARBITRATION WILL BE HELD IN THE COUNTY OF YOUR RESIDENCE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE MATTER SHALL BE DECIDED BY ONE INDEPENDENT ARBITRATOR, UNLESS THE AMOUNT IN DISPUTE IS IN EXCESS OF $1,000,000, THEN THE ARBITRATION SHALL BE DECIDED BY A PANEL OF THREE INDEPENDENT ARBITRATORS, ONE CHOSEN BY APEX CRYPTO, ONE CHOSEN BY YOU AND THE THIRD CHOSEN BY THE FIRST TWO ARBITRATORS. THE ARBITRATOR(S) SHALL HAVE INDUSTRY RELATED EXPERIENCE. THE ARBITRATOR(S) SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY APPLY. THE ARBITRATION ITSELF SHALL BE GOVERNED BY FEDERAL ARBITRATION ACT 9 USC §1 ET. SEQ. AND JUDGMENT UPON THE AWARD MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR OR PANEL SHALL ISSUE A REASONED AWARD. APEX CRYPTO SHALL BE RESPONSIBLE FOR THE COSTS OF THE ARBITRATION AND THE PARTIES OWN LEGAL FEES AND COSTS, UNLESS APEX CRYPTO IS THE PREVAILING PARTY, IN WHICH CASE YOU WILL PAY ONE-HALF OF THE COSTS OF THE ARBITRATION AND YOUR LEGAL FEES AND COSTS. THE ARBITRATORS SHALL BE SPECIFICALLY AUTHORIZED TO AWARD LEGAL FEES AND COSTS OF ARBITRATION TO THE PREVAILING PARTY. THE DUTY TO ARBITRATE DESCRIBED HEREIN SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THE PARTIES HEREBY WAIVE TRIAL IN A COURT OF LAW OR BY JURY.
ALL ARBITRATION CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND YOU WAIVE ANY RIGHTS YOU HAVE TO PARTICIPATE IN A CLASS ACTION RELATING TO ANY MATTERS DESCRIBED IN THIS DISPUTE RESOLUTION SECTION.
ANY DISPUTE REQUIRING INJUNCTIVE OR OTHER EMERGENCY EQUITABLE RELIEF MAY BE BROUGHT DIRECTLY TO A COURT OF COMPETENT JURISDICTION. THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OR FEDERAL COURT LOCATED IN CHICAGO, ILLINOIS FOR ANY SUIT SEEKING INTERIM OR INJUNCTIVE RELIEF OR TO CONFIRM AND EXECUTE UPON THE AWARD. YOU HEREBY AGREE TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND WAIVE ANY RIGHTS YOU MAY HAVE TO CLAIM THAT THE FORUM IS NOT CONVENIENT AND OTHER CLAIMS TO INVALIDATE SUCH JURISDICTION.
BEFORE COMMENCING AN ACTION IN ARBITRATION, THE PARTIES SHALL PROMPTLY SUBMIT ANY DISPUTE THAT THEY HAVE FAILED TO PROMPTLY RESOLVE TO MEDIATION BEFORE JAMS IN CHICAGO, ILLINOIS OR AT A LOCATION AGREED TO BY THE PARTIES, THE PARTIES SHALL JOINTLY SELECT THE MEDIATOR, OR IF THE PARTIES ARE UNABLE TO AGREE UPON A MEDIATOR, THEN THE DISPUTE SHALL BE SUBMITTED TO NON-BINDING MEDIATION BEFORE JAMS. THE COST OF THE MEDIATION SHALL BE PAID BY APEX CRYPTO. IF THE PARTIES ARE UNABLE TO ACHIEVE A MUTUALLY AGREEABLE RESOLUTION OF THE DISPUTE THROUGH MEDIATION WITHIN 60 DAYS AFTER COMMENCEMENT OF MEDIATION PROCEEDINGS, THE PARTIES HEREBY AGREE TO SUBMIT THEIR DISPUTE TO BINDING ARBITRATION DESCRIBED ABOVE. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND AT ANY TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR TIMING REQUIREMENTS TO PRESERVE ITS CLAIMS.
19. Governing Law and Venue
This Agreement shall be governed by the internal laws of the State of Delaware applicable to agreements made and to be performed entirely within the State of Delaware, without regard to the conflicts of law principles that would apply the laws of any other jurisdiction.
Apex Crypto is registered with the U.S. Department of Treasury Financial Crimes Enforcement Network (“FinCEN”) as a money services business (“MSB”). As a registered MSB, Apex Crypto is subject to the Bank Secrecy Act and its implementing regulations (collectively, the “BSA”) which set out the requirements imposed upon financial institutions to implement policies and procedures reasonably designed to detect and prevent money laundering and terrorist financing. You understand and acknowledge that your access to and use of the Services is subject to compliance with Apex Crypto’s AML Program.
You understand and acknowledge that Apex Crypto is not a registered broker-dealer and is not a member of the Financial Industry Regulatory Authority or the SIPC. You further understand and acknowledge that your cryptocurrency holdings are not protected by the FDIC or SIPC, or any other insurance.
20.2 Compliance with Applicable Laws
Cryptocurrency Transactions are subject to applicable laws, regulations, and rules of federal and state governmental and regulatory authorities (collectively, “Applicable Laws”). You understand that compliance with Applicable Laws may include compliance with any guidance or direction of any regulatory authority or government agency, any writ of attachment, lien, levy, subpoena, warrant, or other legal order (collectively, “Legal Orders”).
You understand and acknowledge that in no event will Apex Crypto be obligated to affect any Cryptocurrency Transaction it believes would violate any Applicable Law. You further understand and acknowledge that Apex Crypto is not responsible for any losses, whether direct or indirect, that you may incur as a result of Apex Crypto’s good faith efforts to comply with any Applicable Law, including any Legal Order.
20.3 State Licenses and Disclosures
Apex Crypto maintains licenses to engage in money transmission activities in certain states, and these licenses may impact our provision and your use of certain Services depending on where you live. Apex Crypto’s licenses and corresponding required disclosures can be found at apexcrypto.com\legal, which is incorporated by reference.
20.4 Authorizing Apex Clearing to Share Your Information
By checking this box, I hereby authorize Apex Clearing Corporation to provide all information provided to Apex Clearing Corporation in my new account application to Apex Crypto LLC for purposes of opening and maintaining an Apex Crypto LLC account.
By clicking the “Agree and Submit” button below, I acknowledge and agree that: 1) I am opening an account to trade digital assets (such as cryptocurrencies); 2) I have read the Agreement and am legally bound by its terms and conditions; and 3) I have reviewed the Risk Disclosures.
Disclosure: Apex Crypto LLC is not a broker-dealer and is a separate company from Apex Clearing Corporation. Assets held at Apex Crypto LLC are held away from Apex Clearing Corporation and are not protected by SIPC or the FDIC. Purchasing cryptocurrencies comes with a number of risks, including volatile market price swings or flash crashes, fraud, market manipulation, and cybersecurity risks. Please review your account agreement with Apex Crypto LLC for further elaboration on these risks.
Effective: February 08, 2019
We understand that privacy is an important issue to you and we respect the privacy of all of our customers and aim to protect the security and confidentiality of non-public personal information about you that we acquire.
Under the law you have the right to limit some, but not all, sharing of your personal information. The law also requires us to disclose to you how we collect, share and protect your personal information.
Personal Information Collected
We collect information about you when you provide it to us and when you use our services and products, open an account with us, request information or otherwise interact with our website. We also receive information about you from your securities broker-dealer and its clearing firm, which firm is an affiliate of Apex Crypto, who you have authorized to disclose information about you that we need for the account opening process, to satisfy our know-your-customer and anti-money laundering obligations, to determine what type of trading activities you may engage in and for effecting transactions for your account.
The information we may collect includes:
- your name, address, telephone and mobile phone numbers, date of birth, government issued identification, social security number, tax identification number, occupation, income, net worth, liquid net worth, investment objectives and experience and employer information;
- information relating to your transactions;
- cash balances in your brokerage account;
- information that may be received from consumer reporting agencies, such as credit bureau reports, verification of the personal information you have given us or your securities broker-dealer,
information in any emails, faxes or other communications you send to us;
- information regarding your creditworthiness; and
- information which may be received from other sources with your consent or with the consent of your securities broker-dealer.
Non-public information that is associated only with you and identifies you as an individual is called Personally Identifiable Information (“PII”).
Other Information Collected
We also collect other information that does not uniquely identify you as an individual. This information is referred to as “Non-Personally Identifiable Information (“Non-PII”). We collect Non-PII when you interact with us and use our services and products. Examples of Non-PII that we collect includes, information on the links that you click, the features of our website that you use, what types of information you upload, information about your equipment, including your computer, phone, tablet or other devices you use to access our website, your operating system, browser type, Internet protocol, your connection type and your settings and related information. We may share Non-PII with our advertising and marketing agents to evaluate the effectiveness of our marketing programs. We may use Non-PII to analyze your usage of our website and for other research that help us improve the services and products we offer.
Other Third-Party Sources of Information
We also receive information about you when you link a third-party service to our services. Such linkage may include interactions with our social media sites. Third-party sites are governed by their own privacy policies, and you should review those privacy policies before using those sites.
Apex Crypto uses Google Analytics. The following link explains how Google uses data when you use its partners’ websites and applications: www.google.com/policies/privacy/partners/.
Your use of Apex Crypto’s website is evidence of your consent to Apex Crypto storing and accessing cookies and other information on your computer [or phone] and Apex Crypto’s use of Google Analytics in connection with such activities. Please read the information at the link provided so you understand what you are consenting to.
Use of Your Personal Information
We use your personal information in connection with our provision of services and products to you. We use your personal information to verify your background, open your account, send you notices regarding your money transfers to and from Apex Crypto, send confirmations and other information on your cryptocurrency transactions, to create your account statements, to maintain records on your transactions and to support your account generally. We may use your personal information and information about how your use our services to send promotional and other information to you. We also may use your personal information to conduct analysis regarding your usage of our services and products and the effectiveness of our marketing initiatives.
Sharing of Your Personal Information
Apex Crypto does not disclose nonpublic personal information relating to current or former customers to any third-parties, except as required or permitted by law, including but not limited to any obligations of Apex Crypto under the USA PATRIOT Act, and in order to facilitate the execution of our customers’ cryptocurrency transactions in the ordinary course of business.
Apex Crypto has multiple affiliates and relationships with third-party companies. Examples of these companies include financial and non-financial companies that perform services such as data processing, administrative services, regulatory support, legal services, liquidity providers, banks, cloud storage, Google in connection with its Google Analytic services, companies that host our wallets, auditors, accountants, your securities broker-dealer and other service providers we engage from time to time that enable us to provide our services to you. We may share personally identifiable information with such service providers. We may share information among our affiliates, as permitted by law, in order to better service your financial needs.
We do not sell, license, lease or otherwise disclose your personal information to any third-party for any reason other than the purposes described below:
- If you have granted limited trading authorization on your account to another customer, we share your trade confirmations and other trade related information with that other customer.
- We may disclose personal information to qualified third-parties in order to administer or process a transaction, product or service you have authorized or requested, or in the context of facilitating the execution of a transaction.
- We are required to validate our customers’ identities by applicable laws and regulatory requirements and rely on qualified third-party services to perform these validations. Personally identifiable information that you provide to us during the account opening process is passed to these services at account opening and on an ongoing basis thereafter. Some of this information we receive from your securities broker-dealer, which is given to us in accordance with your consent.
- We provide personally identifiable information that you provide during the account opening process, as required by applicable laws and regulatory requirements, to carry out or aid in certain functions, such as, but not limited to, account processing, surveillance, reconciliation, execution, document retention requirements, and document dissemination.
- We may share analyses based on anonymous customer information or behavior with our affiliate companies in order to operate and improve products and services.
- We may disclose or transfer information we collect to a purchaser of our business.
- We may disclose personal information to qualified third-parties and/or affiliate companies who provide services, such as, but not limited to, consulting, sales, customer support operations, payment processing, authentication services, and technical support or services.
Other circumstances under which we may disclose your personal information in order to:
- Comply, as necessary, with applicable laws and regulatory requirements, as well as legal process;
- Respond to mandatory legal or governmental requests or demands for information;
- Meet national security requirements;
- Protect ourselves, our affiliates, our customers or the general public from illegal activities; and
- Respond to an emergency that requires disclosure of specified information.
Our website is for United States residents. We do not collect personal information/data on persons from the European Union (“EU”). If you are from the EU, please do not use our system or give us any personal data.
We may have links to third-party websites on our website. Third-party websites have their own privacy policies. We have no involvement with their policies. You are encouraged to review the privacy policies of all third-party websites you visit.
Apex Crypto strives to ensure that our systems are secure and that they meet industry standards. We seek to protect non-public personal information that is provided to Apex Crypto by your securities broker-dealer and by you by implementing physical and electronic safeguards. Where we believe appropriate, we employ firewalls, intrusion prevention, encryption technology, user authentication systems (i.e. passwords and personal identification numbers) and access control mechanisms to control access to systems and data. Apex Crypto endeavors to engage third-party service providers that have security and confidentiality policies, if such third-party service providers have access to our customer’s personally identifiable information. We instruct our employees to use strict standards of care in handling the personal financial information of customers. As a general policy our staff will not discuss or disclose information regarding an account except with authorized personnel of your securities broker-dealer firm, certain of our service providers or as required by applicable law and regulatory requirements law or pursuant to regulatory request and/or authority.
Despite our efforts to protect the security of your information, no security system is always effective and we cannot guarantee that our systems will be completely secure.
Access to Your Information
You may access and update your account information through the website or mobile application of your securities broker-dealer. You can also view your account balances, trades and order status from the website or mobile application of your securities broker-dealer.
Retention of Personal Information
We are required under applicable laws and regulatory requirements to retain certain information, including personal information of customers, customer profiles, identification verification materials, information we used to satisfy our know-your-customer and anti-money laundering obligations, account information, account agreements, trade orders, trade confirmations and other agreements between us, account statements, and other records. Such records are generally retained as required by law, rule or regulation or for a period of time we deem reasonable.
We retain trade and order confirmation information as required by law, rule or regulation or for a period of time we deem reasonable.
We retain information on transfers of funds from your securities brokerage account to Apex Crypto and from Apex Crypto to your securities brokerage account as required by law, rule or regulation or for a period of time we deem reasonable.
We retain copies of support emails, chats and phone calls, including attachments to customer email communications and records of communications as required by law, rule or regulation or for a period of time we deem reasonable.
We retain records about marketing materials sent to you for a period of time we deem reasonable.
Apex Crypto LLC
141 West Jackson Boulevard
Chicago, IL 60604
Last Updated: February 8, 2019
The information collected by Apex Pro includes, but is not limited to, information we receive from you on applications, agreements or other forms as well as other communications and correspondence with Apex Pro. The collected information also includes, but is not limited to, transactions with Apex Pro, its affiliates or non-affiliated third parties. Apex Pro may also collect information about you via third party sources, such as credit bureaus or third-party information collection vendors.
In addition to this collected information, transactions facilitated by you through Apex Pro will be kept for reporting purposes and pursuant to Apex Pro's regulatory requirements. Apex Pro will disclose collected information when required to do so by law, court order or regulatory agency request. To provide superior service to clients it is necessary for Apex Pro to, and Apex Pro may, share information with other Apex Pro affiliate companies as well as third parties it is currently involved with in a contractual relationship (such as your referring financial institution), except in states where this type of sharing is not permitted by law. This sharing of personal information is carried out on a strictly professional basis and is incidental to servicing your account. Apex Pro has received assurances from these third parties that they will not share your personal information. Apex Pro does not sell client lists or client email addresses to third party marketers.
You understand that through the normal course of servicing your account, certain agents and employees (including the employees of other Apex Pro affiliate companies), may have access to your confidential account information. This may include operations and support personnel, as well as your investment professional. You understand that access to this information is limited and held in the strictest confidence. You understand that information about former clients who do not currently maintain an account relationship with Apex Pro is not shared with any outside party.
You understand that due to the partnerships that Apex Pro has with financial institutions to offer investment services, sharing of information with these financial institutions is critical to servicing your account. Allowing this sharing process to continue uninterrupted will allow you to take full advantage of the value offered by the relationship between your financial institution and Apex Pro. Apex Pro does offer you the option to limit the sharing of information between Apex Pro and your referring financial institution.
Apex Pro safeguards the confidentiality of its client information in a number of ways, such as:
- Maintaining the client information in its physical or electronic control under high standards of security;
- Never selling list of client personal, nonpublic information;
- Restricting access to personal, nonpublic information to those Apex Pro employees, agents and affiliates who need to know such information in order to service your account;
- Maintaining employment practices and policies that prohibit the employees who have access to your personal, nonpublic information from using or disclosing such information other than for business purposes;
- Limiting access to Apex Pro systems only to authorized personnel via valid user names and passwords; as well as the utilization of security measures such as encryption and firewalls.
Last updated: February 18, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Silver Management Group, Inc., 114 Rabbit Hill Road, Princeton Junction NJ 08550.
- Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: New Jersey, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
- Personal Data is any information that relates to an identified or identifiable individual. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
- Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Silver Management, accessible from https://silvermanagement.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Usage Data
Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/
- Web Beacons. Certain sections of our Service and our emails 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 or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies here: All About Cookies by TermsFeed. We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
- Tracking and Performance Cookies Type: Persistent Cookies Administered by: Third-Parties Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct 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 Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
Transfer of Your Personal Data
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months. Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
- Category A: Identifiers. Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers. Collected: Yes.
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Collected: Yes.
- Category C: Protected classification characteristics under California or federal law. Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Collected: No.
- Category D: Commercial information. Examples: Records and history of products or services purchased or considered. Collected: No.
- Category E: Biometric information. Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Collected: No.
- Category F: Internet or other similar network activity. Examples: Interaction with our Service or advertisement. Collected: Yes.
- Category G: Geolocation data. Examples: Approximate physical location. Collected: No.
- Category H: Sensory data. Examples: Audio, electronic, visual, thermal, olfactory, or similar information. Collected: No.
- Category I: Professional or employment-related information. Examples: Current or past job history or performance evaluations. Collected: No.
- Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Collected: No.
- Category K: Inferences drawn from other personal information. Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Collected: No.
Under CCPA, personal information does not include:
- Publicly available information from government records
- Deidentified or aggregated consumer information
- Information excluded from the CCPA's scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service.
- Indirectly from You. For example, from observing Your activity on our Service.
Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
- From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, or other third-party vendors that We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:
- To operate our Service and provide You with our Service.
To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
- To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
- For internal administrative and auditing purposes.
- To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed. When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit. Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return. We may sell and may have sold in the last twelve (12) months the following categories of personal information:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above categories with the following categories of third parties:
- Service Providers
- Our affiliates
- Our business partners
- Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
- The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
- The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
- The categories of personal information We collected about You
- The categories of sources for the personal information We collected about You
- Our business or commercial purpose for collecting or selling that personal information
- The categories of third parties with whom We share that personal information
- The specific pieces of personal information We collected about You
- If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
- The categories of personal information categories sold
- The categories of personal information categories disclosed
- The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.
- The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
- Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
- The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:
- By email: firstname.lastname@example.org
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information. Your request to Us must:
- Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
- Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it
We cannot respond to Your request or provide You with the required information if We cannot:
- Verify Your identity or authority to make the request
- And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice. Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt. For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us. The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below. Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
- The NAI's opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA's opt-out platform http://www.youronlinechoices.com/
- The DAA's opt-out platform:
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
- "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
- "Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals. However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes. If you'd like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account. Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
- By email: email@example.com