The risk of loss in trading commodity futures contracts can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:(1) You may sustain a total loss of the funds that you deposit with your broker to establish or maintain a position in the commodity futures market, and you may incur losses beyond these amounts. If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, on short notice, in order to maintain your position. If you do not provide the required funds within the time required by your broker, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account.(2) The funds you deposit with a futures commission merchant for trading futures positions are not protected by insurance in the event of the bankruptcy or insolvency of the futures commission merchant, or in the event your funds are misappropriated.(3) The funds you deposit with a futures commission merchant for trading futures positions are not protected by the Securities Investor Protection Corporation even if the futures commission merchant is registered with the Securities and Exchange Commission as a broker or dealer.(4) The funds you deposit with a futures commission merchant are generally not guaranteed or insured by a derivatives clearing organization in the event of the bankruptcy or insolvency of the futures commission merchant, or if the futures commission merchant is otherwise unable to refund your funds. Certain derivatives clearing organizations, however, may have programs that provide limited insurance to customers. You should inquire of your futures commission merchant whether your funds will be insured by a derivatives clearing organization and you should understand the benefits and limitations of such insurance programs.(5) The funds you deposit with a futures commission merchant are not held by the futures commission merchant in a separate account for your individual benefit. Futures commission merchants commingle the funds received from customers in one or more accounts and you may be exposed to losses incurred by other customers if the futures commission merchant does not have sufficient capital to cover such other customers’ trading losses.(6) The funds you deposit with a futures commission merchant may be invested by the futures commission merchant in certain types of financial instruments that have been approved by the Commission for the purpose of such investments. Permitted investments are listed in Commission Regulation 1.25 and include: U.S. government securities; municipal securities; money market mutual funds; and certain corporate notes and bonds. The futures commission merchant may retain the interest and other earnings realized from its investment of customer funds. You should be familiar with the types of financial instruments that a futures commission merchant may invest customer funds in.(7) Futures commission merchants are permitted to deposit customer funds with affiliated entities, such as affiliated banks, securities brokers or dealers, or foreign brokers. You should inquire as to whether your futures commission merchant deposits funds with affiliates and assess whether such deposits by the futures commission merchant with its affiliates increases the risks to your funds.(8) You should consult your futures commission merchant concerning the nature of the protections available to safeguard funds or property deposited for your account.
(9) Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit (“limit move”).
(10) All futures positions involve risk, and a “spread” position may not be less risky than an outright “long” or “short” position.
(11) The high degree of leverage (gearing) that is often obtainable in futures trading because of the small margin requirements can work against you as well as for you. Leverage (gearing) can lead to large losses as well as gains.
(12) In addition to the risks noted in the paragraphs enumerated above, you should be familiar with the futures commission merchant you select to entrust your funds for trading futures positions. The Commodity Futures Trading Commission requires each futures commission merchant to make publicly available on its Web site firm specific disclosures and financial information to assist you with your assessment and selection of a futures commission merchant. Information regarding this futures commission merchant may be obtained by visiting www.tradovate.com.
ALL OF THE POINTS NOTED ABOVE APPLY TO ALL FUTURES TRADING WHETHER FOREIGN OR DOMESTIC. IN ADDITION, IF YOU ARE CONTEMPLATING TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS, YOU SHOULD BE AWARE OF THE FOLLOWING ADDITIONAL
(13) Foreign futures transactions involve executing and clearing trades on a foreign exchange. This is the case even if the foreign exchange is formally “linked” to a domestic exchange, whereby a trade executed on one exchange liquidates or establishes a position on the other exchange. No domestic organization regulates the activities of a foreign exchange, including the execution, delivery, and clearing of transactions on such an exchange, and no domestic regulator has the power to compel enforcement of the rules of the foreign exchange or the laws of the foreign country. Moreover, such laws or regulations will vary depending on the foreign country in which the transaction occurs. For these reasons, customers who trade on foreign exchanges may not be afforded certain of the protections which apply to domestic transactions, including the right to use domestic alternative dispute resolution procedures. In particular, funds received from customers to margin foreign futures transactions may not be provided the same protections as funds received to margin futures transactions on domestic exchanges. Before you trade, you should familiarize yourself with the foreign rules which will apply to your particular transaction.
(14) Finally, you should be aware that the price of any foreign futures or option contract and, therefore, the potential profit and loss resulting therefrom, may be affected by any fluctuation in the foreign exchange rate between the time the order is placed and the foreign futures contract is liquidated or the foreign option contract is liquidated or exercised.
THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF THE COMMODITY MARKETS.
RISK DISCLOSURE STATEMENT FOR FUTURES AND OPTIONS
This brief statement does not disclose all of the risks and other significant aspects of trading in futures and options. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to risk. Trading in futures and options is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances.
- EFFECT OF ‘LEVERAGE’ OR ‘GEARING’
Transactions in futures carry a high degree of risk. The amount of initial margin is small relative to the value of the futures contract so that transactions are ‘leveraged’ or ‘geared’. A relatively small market movement will have a proportionately larger impact on the funds you have deposited or will have to deposit: this may work against you as well as for you. You may sustain a total loss of initial margin funds and any additional funds deposited with the firm to maintain your position. If the market moves against your position or margin levels are increased, you may be called upon to pay substantial additional funds on short notice to maintain your position. If you fail to comply with a request for additional funds within the time prescribed, your position may be liquidated at a loss and you will be liable for any resulting deficit.
- RISK-REDUCING ORDERS OR STRATEGIES
The placing of certain orders (e.g., ‘stop-loss’ orders, where permitted under local law, or ‘stop-limit’ orders) which are intended to limit losses to certain amounts may not be effective because market conditions may make it impossible to execute such orders. Strategies using combinations of positions, such as ‘spread’ and ‘straddle’ positions may be as risky as taking simple ‘long’ or ‘short’ positions.
- VARIABLE DEGREE OF RISK
Transactions in options carry a high degree of risk. Purchasers and sellers of options should familiarize themselves with the type of option (i.e. put or call) which they contemplate trading and the associated risks. You should calculate the extent to which the value of the options must increase for your position to become profitable, taking into account the premium and all transaction costs.
The purchaser of options may offset or exercise the options or allow the options to expire. The exercise of an option results in either a cash settlement
or in the purchaser acquiring or delivering the underlying interest. If the option is on a future, the purchaser will acquire a futures position with associated liabilities for margin (see section on Futures above). If the purchased options expire worthless, you will suffer a total loss of your investment which will consist of the option premium plus transaction costs. If you are contemplating purchasing deep-out-of-the-money options, you should be aware that the chance of such options becoming profitable ordinarily is remote.
Selling (‘writing’ or ‘granting’) an option generally entails considerably greater risk than purchasing options. Although the premium received by the seller is fixed, the seller may sustain a loss well in excess of that amount. The seller will be liable for additional margin to maintain the position if the market moves unfavorably. The seller will also be exposed to the risk of the purchaser exercising the option and the seller will be obligated to either settle the option in cash or to acquire or deliver the underlying interest. If the option is on a future, the seller will acquire a position in a future with associated liabilities for margin (see the section on Futures above). If the option is ‘covered’ by the seller holding a corresponding position in the underlying interest or a future or another option, the risk may be reduced. If the option is not covered, the risk of loss can be unlimited.
Certain exchanges in some jurisdictions permit deferred payment of the option premium, exposing the purchaser to liability for margin payments not exceeding the amount of the premium. The purchaser is still subject to the risk of losing the premium and transaction costs. When the option is exercised or expires, the purchaser is responsible for any unpaid premium outstanding at that time.
ADDITIONAL RISKS COMMON TO FUTURES AND OPTIONS
- TERMS AND CONDITIONS OF CONTRACTS
You should ask the firm with which you deal about the terms and conditions of the specific futures or options which you are trading and associated obligations (e.g. the circumstances under which you may become obligated to make or take delivery of the underlying interest of a futures contract and, in respect of options, expiration dates and restrictions on the time for exercise). Under certain circumstances the specifications of outstanding contracts (including the exercise price of an option) may be modified by the exchange or clearinghouse to reflect changes in the underlying interest.
- SUSPENSION OR RESTRICTION OF TRADING AND PRICING RELATIONSHIPS
Market conditions (e.g. illiquidity) and/or the operation of the rules of certain markets (e.g. the suspension of trading in any contract or contract month because of price limits or ‘circuit breakers’) may increase the risk of loss by making it difficult or impossible to effect transactions or liquidate/ offset positions. If you have sold options, this may increase the risk of loss.
Further, normal pricing relationships between the underlying interest and the future, and the underlying interest and the option may not exist. This can occur when, for example, the futures contract underlying the option is subject to price limits while the option is not. The absence of an underlying reference price may make it difficult to judge ‘fair’ value.
- DEPOSITED CASH AND PROPERTY
You should familiarize yourself with the protections accorded money or other property you deposit for domestic and foreign transactions, particularly in the event of a firm insolvency or bankruptcy. The extent to which you may recover your money or property may be governed by specific legislation or local rules. In some jurisdictions, property which had been specifically identifiable as your own will be pro-rated in the same manner as cash for purposes of distribution in the event of a shortfall.
- COMMISSION AND OTHER CHARGES
Before you begin to trade, you should obtain a clear explanation of all commission, fees and other charges for which you will be liable. These charges will affect your net profit (if any) or increase your loss.
- TRANSACTIONS IN OTHER JURISDICTIONS
Transactions on markets in other jurisdictions, including markets formally linked to a domestic market, may expose you to additional risk. Such markets may be subject to regulation which may offer different or diminished investor protection. Before you trade you should inquire about any rules relevant to your particular transactions. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your transactions have been effected. You should ask the firm with which you deal for details about the types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to trade.
- CURRENCY RISKS
The profit or loss in transactions in foreign currency-denominated contracts (whether they are traded in your own or another jurisdiction) will be affected by fluctuations in currency rates where there is a need to convert from the currency denomination of the contract to another currency.
- TRADING FACILITIES
Most open-outcry and electronic trading facilities are supported by computer-based component systems for the order-routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption or failure. Your ability to recover certain losses may be subject to limits on liability imposed by the system provider, the market, the clearing house and/or member firms. Such limits may vary: you should ask the firm with which you deal for details in this respect.
- ELECTRONIC TRADING
Trading on an electronic trading system may differ not only from trading in an open-outcry market but also from trading on other electronic trading systems. If you undertake transactions on an electronic trading system, you will be exposed to risks associated with the system including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all.
- OFF-EXCHANGE TRANSACTIONS
In some jurisdictions, and only then in restricted circumstances, firms are permitted to effect off-exchange transactions. The firm with which you deal may be acting as your counterparty to the transaction. It may be difficult or impossible to liquidate an existing position, to assess the value, to determine a fair price or to assess the exposure to risk. For these reasons, these transactions may involve increased risks. Off-exchange transactions may be less regulated or subject to a separate regulatory regime. Before you undertake such transactions, you should familiarize yourself with applicable rules and attendant risks.
MATERIAL INCENTIVES AND CONFLICTS OF INTEREST
The purpose of this disclosure statement is to provide you with information about some of the material incentives and conflicts of interest that may arise between you and Tradovate, LLC ("Tradovate") in connection with Tradovate performing services for you with respect to futures, options on futures or other commodity derivatives ("Contracts"). Conflicts of interests can arise in particular when Tradovate or its affiliate has an economic or other incentive to act, or persuade you to act, in a way that favors Tradovate or its affiliate.
You should be aware that Tradovate or its affiliate may own stock in, or have some other form of ownership interest in, one or more U.S. or other foreign exchanges or derivatives clearing organizations ("Clearing Houses") where your transactions in Contracts may be executed and/or cleared. As a result, Tradovate or its affiliate may receive financial or other benefits related to its ownership interest when Contracts are executed on a given Trading Facility or cleared through a given Clearing House, and Tradovate would, in such circumstances, have an incentive to cause Contracts to be executed on that exchange or cleared by that Clearing House. In addition, employees and officers of Tradovate or its affiliates may also serve on the board of directors or on one or more committees of an exchange or Clearing House.
In addition, exchanges and Clearing Houses may from time to time have in place other arrangements that provide their members or participants with volume, market-making or other discounts, rebates or credits, may call for members or participants to pre-pay fees based on volume thresholds, or may provide other incentive or arrangements that are intended to encourage market participants to trade on or direct trades to that exchange or Clearing House. Tradovate or its affiliate may participate in and obtain financial benefits from such incentive programs.
Tradovate's participation such programs may permit it to offer trading in certain Contracts without charging you commissions and without charging you any exchange fees, clearing fees, NFA fees or other trade-related fees. The terms and conditions of any such commission-free trading may be changed at any time by Tradovate or may be discontinued in Tradovate's sole discretion at any time. While such commission-free trading in such Contracts may be a significant benefit to act as an incentive for you to trade those Contracts.
RISK DISCLOSURE STATEMENT FOR VIRTUAL CURRENCY FUTURES
Unique Features of Virtual Currencies. Virtual currencies are not legal tender in the United States and many question whether they have intrinsic value. The price of many virtual currencies is based on the agreement of the parties to a transaction. The following should be considered.
Price Volatility. The price of a virtual currency is based on the perceived value of the virtual currency and subject to changes in sentiment, which make these products highly volatile. Certain virtual currencies have experienced daily price volatility of more than 20%. The risks associated with the extreme price volatility of virtual currencies and the possibility of rapid and substantial price movements, which could result in significant losses, should be explained.
Valuation and Liquidity. Virtual currencies can be traded through privately negotiated transactions and through numerous virtual currency exchanges and intermediaries around the world. The lack of a centralized pricing source poses a variety of valuation challenges. In addition, the dispersed liquidity may pose challenges for market participants trying to exit a position, particularly during periods of stress.
Cybersecurity. The cybersecurity risks of virtual currencies and related “wallets” or spot exchanges include hacking vulnerabilities and a risk that publicly distributed ledgers may not be immutable. A cybersecurity event could result in a substantial, immediate and irreversible loss for market participants that trade virtual currencies. Even a minor cybersecurity event in a virtual currency is likely to result in downward price pressure on that product and potentially other virtual currencies.
Opaque Spot Market. Virtual currency balances are generally maintained as an address on the blockchain and are accessed through private keys, which may be held by a market participant or a custodian. Although virtual currency transactions are typically publicly available on a blockchain or distributed ledger, the public address does not identify the controller, owner or holder of the private key. Unlike bank and brokerage accounts, virtual currency exchanges and custodians that hold virtual currencies do not always identify the owner. The opaque underlying or spot market poses asset verification challenges for market participants, regulators and auditors and gives rise to an increased risk of manipulation and fraud, including the potential for Ponzi schemes, bucket shops and pump and dump schemes.
Virtual Currency Exchanges, Intermediaries and Custodians. Virtual currency exchanges, as well as other intermediaries, custodians and vendors used to facilitate virtual currency transactions, are relatively new and largely unregulated in both the United States and many foreign jurisdictions. Virtual currency exchanges generally purchase virtual currencies for their own account on the public ledger and allocate positions to customers through internal bookkeeping entries while maintaining exclusive control of the private keys. Under this structure, virtual currency exchanges collect large amounts of customer funds for the purpose of buying and holding virtual currencies on behalf of their customers. The opaque underlying spot market and lack of regulatory oversight creates a risk that a virtual currency exchange may not hold sufficient virtual currencies and funds to satisfy its obligations and that such deficiency may not be easily identified or discovered. In addition, many virtual currency exchanges have experienced significant outages, downtime and transaction processing delays and may have a higher level of operational risk than regulated futures or securities exchanges.
Regulatory Landscape. Virtual currencies currently face an uncertain regulatory landscape in the United States and many foreign jurisdictions. In the United States, virtual currencies are not subject to federal regulatory oversight but may be regulated by one or more state regulatory bodies. In addition, many virtual currency derivatives are regulated by the CFTC, and the SEC has cautioned that many initial coin offerings are likely to fall within the definition of a security and subject to U.S. securities laws. One or more jurisdictions may, in the future, adopt laws, regulations or directives that affect virtual currency networks and their users. Such laws, regulations or directives may impact the price of virtual currencies and their acceptance by users, merchants and service providers.
Technology. The relatively new and rapidly evolving technology underlying virtual currencies introduces unique risks. For example, a unique private key is required to access, use or transfer a virtual currency on a blockchain or distributed ledger. The loss, theft or destruction of a private key may result in an irreversible loss. The ability to participate in forks could also have implications for investors. For example, a market participant holding a virtual currency position through a virtual currency exchange may be adversely impacted if the exchange does not allow its customers to participate in a fork that creates a new product.
Included with this Risk Disclosure Statement you should have also been provided with a mandated regulatory disclosure about virtual currencies which was authored by the Commodity Futures Trading Commission (“CFTC”) as well as the National Futures Association (“NFA”). If you have not received or reviewed this document please contact Tradovate directly and you will be provided with a copy.
Last Updated: September 1, 2022
If you are a California resident, a supplemental policy is here for your review
If you reside in the United Kingdom or European Union a supplemental policy is here for your review
2. The Personal Information we collect
The majority of Personally Identifiable Information (PII) and other information that we collect comes directly from the information provided by you on the account opening application and in the account opening process, including your uploading of relevant documentation or your sending emails or submitting information in response to questions. This PII may include your: Name, Date of Birth, Address, Phone number, email address, social security number or tax ID, occupation, asset information, trading/investment experience and risk tolerance.
We may collect PII from third parties like Introducing Brokers, background check providers and consumer credit reporting agencies.
Tradovate services are not suitable for nor directed at persons under 18, and we do not knowingly collect the personal information of minors under. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below so that we may delete their personal information.
Finally, we also collect PII through your use of Tradovate services. This may include information related to your transactions with us, including account funding, trading history, and interactions with our trading platforms and websites. “Cookies” are small text files consisting of encrypted information assigned to your computer’s browser. Cookies do not collect PII, however they do provide us with data that we use to improve your service experience and maintain regulatory and legal compliance. Cookies do not collect or contain passwords or account information, but they can identify you so that you do not have to input user ID information every time you navigate the website. The Cookies are also used for administrative purposes, such as to maintain security on our websites. Some advertisers on Tradovate’s website may also access Cookies from your computer. We do not control this and the use by these advertisers of your Cookies is governed by each advertiser’s own Privacy Policies. You have the choice whether to accept or decline the Cookies, but you should realize that some Tradovate services’ features and some advertising preferences may not function if you decline Cookies. Other information we collect through your use of the websites and services includes, Internet Protocol (IP address), browser types, internet service provider, times stamps, and operating systems.
3. Use, Sharing and Disclosure of Your Information
Again, Tradovate will not sell your PII. Tradovate may however share your PII with non-affiliated service providers, futures exchanges, government agencies and courts for the following reasons:
To review your account application (including credit and background checks) and provide you with access to Tradovate service and software.
To effect, complete, administer and enforce any transactions, you may perform through or with us, including processing of orders and emailing statements.
As required by law or court order/subpoena
To perform reviews and audits of internal procedures.
In connection with mergers, acquisitions or restructuring, transfer or sale of all or a portion of our business.
Tradovate may also share your PII with and amongst its affiliates in order to achieve the following:
To operate, research and improve our services and websites.
To display customized content and advertisements.
To develop new services.
To communicate with you.
Google Analytics Advertising: We use Google Analytics codes to log when users view specific pages or take specific actions on a website and utilize Google Analytics’ Remarketing, Display Network Impression Reporting, and Audience Demographics and Interest Reporting. This allows us to provide targeted online advertising in the future on websites across the internet based on your past visits to our website, report how ad impressions and interactions with ad impressions relate to visits to our website, and report demographic and interest data. If you do not wish to receive this type of advertising from us in the future, you can opt out by visiting Google’s Ad Settings. More information about Ad Settings can be found here.
Microsoft Clarity: We use Microsoft Clarity to improve the functionality of our Platform by providing us with information about how users interact with the Platform. Microsoft will collect or receive personal information from you when we use its Clarity product and may use it to provide Microsoft Advertising. Please see the Microsoft Privacy Statement for more information about how it collects, uses, and discloses personal information: https://privacy.microsoft.com/en-us/privacystatement.
Aside from the above, as part of being a regulated financial institution we are subject various laws and regulations that may require us to disclose your PII to government authorities and exchanges upon which you trade. For example, large trader reporting as well as in compliance with USA Patriot Act requirements. Court orders and Subpoenas may require such disclosure as well.
Under the Commodity Futures Trading Commission’s regulations, we are required to keep your information at a minimum of five (5) years and we may also preserve such information in order to satisfy other governmental or regulatory agency requests, bonafide legal requests, or to defend Tradovate against legal claims.
Tradovate relies on the PII provided to us. Should you believe or become aware that your PII has changed or is incorrect, it is important and indeed required under your contractual Customer Agreement with us, that you notify us of any necessary changes. For example, name changes, address, updated emails, contact information, material changes to your financial status or other changes to the information you provide us with respect to opening and servicing your account. Subject to legal and regulatory retention requirements, you have the right to request that we delete you PII as well.
email@example.com or call us at (312) 283-3100
Or you can mail us at:
Tradovate Holdings LLC
222 N La Salle St., Suite 1450
Chicago, IL 60601
Business Continuity Statement
Any business is potentially vulnerable to interruptions ranging from common daily events to unexpected catastrophes. This Business Continuity Disclosure Statement, outlines how Tradovate, LLC (“Tradovate”) works to mitigate and resolve risks inherent in unforeseen business interruptions.
Overview of the Plan
Tradovate has created a Business Continuity Plan(BCP) to reasonably insure its critical business operations continue to function as developed. The Plan addresses the following areas: (1) data backup and recovery; (2) mission critical systems; (3) financial and operational assessments; (4) alternate communications between customers and Tradovate; (5) alternate communications between Tradovate and its employees; (6) alternate physical location of operations; (7) critical vendors and other business contacts; and (8) communication and reporting to regulators.
Mitigation and Response
To diminish risks posed by significant disruptions, Tradovate maintains system redundancies and/or off-site backup of business critical systems and records. In the event of an emergency at our main office, business critical staff can be relocated to an off-site location to facilitate business continuity. Tradovate also has a dedicated team that works with business units and the Information Technology functions to carry out the BCP and maintain business continuity in the event of business disruptions.
Keeping Clients Informed
In the event of a business disruption, clients can obtain information about the status of their accounts and access to their funds and securities via Tradovate’s website www.tradovate.com or by contacting
Tradovate Client Services:
Due to the unpredictable nature of events causing significant business disruptions, Tradovate can not guarantee that systems will always be available or recoverable after such events. Tradovate’s business continuity plans are also subject to modification.
Market volatility, order volume, and system availability could result in delay or failure of order placements, order cancellations, trade executions or account access.
As a result, trade executions could be at prices significantly different from prices quoted at the time of order entry or trades might not be executed at all. The risks of delays and failures are assumed by the account holder. Tradovate recommends that you have a back-up plan to place, cancel, execute and confirm orders if you experience problems while using Tradovate’s systems.
Social media hosted by Tradovate may include links to unaffiliated third party websites. Tradovate has not endorsed or recommended for use any product, service or statement offered or presented by any third party websites, nor does Tradovate assume responsibility for the accuracy or content of any website or service offered by third parties.