Tradovate End User License Agreement

Last updated: October 22, 2021

Tradovate, LLC (“Tradovate”) grants a license to its futures trading software, along with any hardware, systems, communications links, and related services, made available online through the Tradovate website (“System”) on the condition that you accept all of the terms and conditions of this End User License Agreement (“EULA”).

Please read this EULA carefully. By clicking “accept” below or otherwise accessing or using the System, you agree to and accept all the terms and conditions of this EULA as well as (i) and disclosures available at https://www.tradovate.com/disclosures and (ii) all other terms and conditions applicable to your access to the Tradovate website, all as may be updated by Tradovate from time to time. You agree that you will not contest the validity or enforceability of this EULA because it was accepted in electronic form.

If you have any questions regarding this EULA, please contact Tradovate by emailing support@tradovate.com.

In order to use the System, you must agree to all of the terms and conditions applicable to such usage, including the Tradovate Terms and Conditions (“Terms”) and disclosures available at https://www.tradovate.com/disclosures.

If you do not agree to the Terms or this EULA, you should not click “accept” and should cease all access to and use of the System.

GRANT OF ACCESS

Subject to the terms and conditions of this EULA and the Terms, Tradovate grants you a limited, non-exclusive, and non-transferable revocable right to access and use the System solely for your personal use. This EULA, together with the Terms and the terms and conditions in the Customer Agreement entered into between you and Tradovate (the “Customer Agreement”), will govern your access to and use of the System.

In connection with your access to and use of the System, you will:

• Comply with this EULA, the Terms and the Customer Agreement, and all applicable laws, rules, regulations, or orders, including the rules and regulations of all applicable self-regulatory organizations.
• Not copy, modify, create derivative works of, reverse engineer, or disassemble the System or any of the information contained in the System or modify or remove any proprietary (e.g., copyright or trademark) or other notices.
• Not distribute, rent, sell, retransmit, redistribute, release or license the System or any part of the System to any third party.
• Not use any device, software, or routine, including but not limited to any viruses or other malware, intended to damage or interfere with the operation of the Tradovate web site or the System.
• Not take any action that imposes an unreasonable or disproportionately large load on the Tradovate web site or the System.
• Provide Tradovate with complete and accurate information related to your use of the System at Tradovate’s reasonable request.

CUSTOM INDICATORS AND CONTRIBUTIONS

The System allows you to develop indicators and extensions (e.g., moving average indicators) (“Custom Indicators”) and deploy such indicators in conjunction with your use of the System. To the extent that you develop such Custom Indicators, and make such Custom Indicators available to Tradovate or users of the System you hereby grant a license to Tradovate and each of its users to use, modify and reproduce such Custom Indicators under the terms of the MIT License (https://opensource.org/licenses/MIT). You represent and warrant that any Custom Indicators you provide to Tradovate or users of the System do not infringe, misappropriate or violate the intellectual property rights of any third parties. To the extent that you provide such Custom Indicators to Tradovate or users of the System object code form, you acknowledge and agree that Tradovate makes no representations, warranties or covenants that other users will not reverse engineer or attempt to discover the source code relating to such Custom Indicators.

RESERVATION OF RIGHTS

As between Tradovate and you, Tradovate reserves all rights in the System, including all intellectual property rights such as copyright, patent, trademark, and trade secret rights. Except for the limited right to access and use the System granted above, no other rights are granted to you.

Tradovate reserves the right to temporarily suspend or limit all or part of the Custom Indicators, System or your access to the System, without notice, for maintenance or other reasons (including reasons outside Tradovate’s control). You acknowledge that Tradovate will have no liability to you or to any third party in connection with such suspension or limitation.

Tradovate reserves the right to monitor your access to and use of the System.

If You provide any ideas, suggestions or recommendations to Tradovate regarding the System of other Tradovate products or services (“Feedback”), Tradovate shall have sole and exclusive ownership of such Feedback and You hereby assign all right, title and interest to such Feedback to Tradovate. For purposes of clarity, Tradovate is free to retain, use make, have made, distribute, sell, offer to sell, import, and incorporate such Feedback in the System and Tradovate’s products and/or services, without payment of royalties or other consideration to You.

ACKNOWLEDGEMENT

You acknowledge that:

• Futures and options trading involves substantial risk of loss and is not suitable for all investors. You understand the risks involved in trading and have considered and will continue to carefully consider whether trading is suitable in light of your financial circumstances and resources.
• Past performance is not necessarily indicative of future results.
• Your use of the System involves the electronic transmission of data and information, which may include transmission across wireless and other networks. You acknowledge and agree that Tradovate does not operate or control the networks used to access the System and is not responsible or liable for the privacy and security of your data and information transmissions. You agree that it is your sole responsibility to confirm the privacy and security practices of the networks you use.

DISCLAIMER OF WARRANTY

TRADOVATE IS PROVIDING THE SYSTEM AND CUSTOM INDICATORS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. Your use of or reliance on the System or any information made available through the System including Custom Indicators is entirely at your own risk.

TRADOVATE HEREBY EXPRESSLY DISCLAIMS, FOR ITSELF AND ITS LICENSORS, ANY FUTURES TRADING EXCHANGE, OR ANY AFFILIATE OF THE FOREGOING ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING ANY WARRANTY OF PARTICULAR QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT THE SYSTEM OR CUSTOM INDICATORS WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR THAT ANY DEFECTS WILL BE CORRECTED.

Further, Tradovate cannot and does not guarantee or make any representation or warranty, express or implied, as to the availability or operation of the System, Custom Indicators or the accuracy, timeliness, completeness, or continued availability of any information made available through the System or Custom Indicators.

No Tradovate employee, representative, or agent is authorized to offer any warranty.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TRADOVATE, ITS LICENSORS, OR ANY AFFILIATE OF THE FOREGOING, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, VENDORS, OR INFORMATION PROVIDERS, BE LIABLE TO YOU OR ANY PERSON FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, PROFITS, DATA, OR USE; DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SYSTEM OR INFORMATION MADE AVAILABLE THROUGH THE SYSTEM (INCLUDING CUSTOM INDICATORS), REGARDLESS OF THE CAUSE, INCLUDING BUT NOT LIMITED TO ANY DELAY, INACCURACY, ERROR OR OMISSION IN ANY ASPECT OF THE SYSTEM, IN TRANSMISSION, OR FOR NONPERFORMANCE, DISCONTINUANCE, TERMINATION, OR INTERRUPTION OF THE SYSTEM OR CUSTOM INDICATORS, EVEN IF TRADOVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event will Tradovate’s liability to you, whether in contract, tort, or otherwise, exceed the Pricing Plan fees and/or commissions you have paid to Tradovate during the six months prior to the event that resulted in the liability. This limitation shall apply even if the above disclaimer of warranty or limitation of liability is limited in any way.

To the maximum extent permitted by applicable law, you agree that any cause of action arising out of or relating to this EULA or your access to or use of the System must commence within one year after the cause of action accrues. Otherwise, the cause of action is permanently barred.

TERMINATION

This EULA will terminate on termination of your System Access for any reason and may be terminated by Tradovate upon notice to you. Notwithstanding termination of this EULA, the disclaimer of warranty, limitation of liability, governing law, severability, integration, indemnification, and any other provision that should naturally extend beyond the termination shall survive.

ASSIGNMENT

You may not transfer or assign your Tradovate access or any rights or obligations under this EULA without the prior written consent of Tradovate. Any attempted assignment or transfer without such prior written consent from Tradovate shall be void and of no effect.

GOVERNING LAW

This EULA will be governed by the laws of the State of Illinois without regard to its conflict of law rules. Subject to any arbitration agreement between the parties or any other arbitration rights you may have, you agree to the exclusive jurisdiction and venue of the federal and state courts located in Cook County, Illinois to hear any claims arising out of or relating to this EULA.

SEVERABILITY

If any term of this EULA is held to be invalid, illegal, or unenforceable, the remainder of the EULA will remain in full force and effect.

INTEGRATION

This EULA, the disclosures available at https://www.tradovate.com/disclosures, the Terms, and any other documents referred to in the EULA and Terms constitute the entire agreement between the parties in respect of the use of the System and Custom Indicators and supersede all other oral or written communications relating to their subject matter.

INDEMNIFICATION

You shall indemnify, defend and hold Tradovate and its affiliates and the officers, directors, members, employees, and agents of each harmless from any claims, lawsuits, liability, damages (both direct and indirect), expenses and costs (including costs and attorneys’ fees) arising from or related to your use of the Tradovate website, Custom Indicators or the System.

RISKS

You must safeguard your log in credentials and are required to notify Tradovate in writing immediately if you become aware of any loss, theft or unauthorized use of your log in credentials. You are responsible for any orders entered with your credentials, regardless of who places such orders

You are bound by all executed orders as they appear in the records of the relevant exchange, notwithstanding any typographical or keystroke errors made when orders are entered and notwithstanding any corruption or distortion of orders that may occur when they are transmitted to Tradovate, its clearing firm, or the relevant exchange.

Tradovate shall not be responsible for the accuracy, completeness, timeliness, or correct sequencing of any information concerning your trading and account activity, quotes, and market information, or for any decision made or action taken by you in reliance on any such information.

There may be an interruption of data, information, or communications, such that you may not know the status of your orders, or cannot place new orders or cancel existing orders. You accept this risk, and understand that Tradovate is not responsible for any resulting losses.

LIMITS

Tradovate will establish risk-based limits on the orders that will be accepted for your account based on position size, order size, margin requirements or similar factors and may also impose limits based on government or exchange-imposed credit, risk, or position limits, or based on other requirements in Tradovate’s sole discretion.

Tradovate Terms and Conditions

Effective Date:  October 22, 2021

TERMS AND CONDITIONS

By checking “I agree” you signify that you have read, understand and agree to be bound by these Terms and Conditions (“Terms”) of Tradovate, LLC (“Tradovate”), in effect at the time of your agreement and as amended or revised from time to time thereafter. Your purchases through Tradovate’s website and your use of Tradovate’s services are also governed by Tradovate’s customer agreement (which is incorporated by reference in these Terms), as well as the disclosures available at https://www.tradovate.com/disclosures and all other applicable terms, conditions, limitations, and requirements on Tradovate’s website. If you do not agree to these Terms, please do not purchase a membership or any other services.

Except as otherwise stated, these Terms are subject to change at any time and in Tradovate’s sole discretion. Any changes are effective thirty (30) days after we post such revised Terms to our website (indicated by revising the date at the top of these Terms), or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the website regularly for changes to these Terms.

If you have any questions regarding these Terms, please contact Tradovate by emailing support@tradovate.com.

PURCHASE AND ACCOUNT SECURITY

In order to access Tradovate’s live environment, you must set up a registered trading account with Tradovate. You agree to provide and maintain accurate and complete information in your Tradovate trading account at all times, including, but not limited to, your billing address, email address, telephone number, account number, and payment information. You are solely responsible for maintaining the security of, and restricting access to, your account, username and password.

PRICES AND AVAILABILITY

Tradovate offers various pricing plans (each, a “Pricing Plan”) and subscription term lengths (“Subscription Term”). The fees for Pricing Plans and available Subscription Terms are stated on the pricing page of Tradovate’s website found at the following URL: https://www.tradovate.com/pricing. From time to time, Tradovate may offer different Pricing Plans and Subscription Terms and the fees for such Pricing Plans and Subscription Terms may vary.

All prices are shown in U.S. dollars. While Tradovate has the right to change the prices at any time, the prices associated with your Pricing Plan at the time of purchase will remain effective during your Subscription Term, but will be subject to the renewal provisions below, which provide for the Pricing Plan fee applicable at the renewal date to be charged in connection with the renewal.

PAYMENT OPTIONS

Tradovate accepts payments by deducting fees from your Tradovate trading account or charging your credit card. By submitting your order, you acknowledge that you authorize Tradovate to charge your order (including taxes and any other amounts described on Tradovate’s website) to that trading account, credit card, or bank account.

CANCELLATIONS AND REFUNDS

You may terminate or modify your Pricing Plan any time by visiting Tradovate’s trading platform and adjusting your subscription settings.

The Pricing Plan fee is non-refundable, except as expressly set forth in these Terms or as required by law. You understand that charges for the service must be paid in advance.

RENEWALS

At the expiration of your Subscription Term, Tradovate will automatically bill your account for an additional service term equal to the length of time of your original Subscription Term unless you notify Tradovate prior to the renewal date that you wish to cancel or do not wish to renew your Pricing Plan. Thus, your Pricing Plan will automatically renew (without notice to you, unless required by applicable law) and you authorize Tradovate to collect the then-applicable Pricing Plan fee using any payment sources on record.

If adequate funds are not available in your trading account or credit card, your Pricing Plan may be suspended or cancelled automatically, and your account set to Membership-Free. In the event of a suspended or automatically cancelled Pricing Plan due to insufficient funds or rejected payment processing, any open market positions may be closed and working orders cancelled in your trading account at Tradovate’s sole discretion.

Cancellation processing fees, liquidation fees, and other fees may apply if adequate funds are not available in the account by the time Tradovate submits the charges for a renewal.

For all Pricing Plans, the renewal fees will be equal to the highest published fees for your subscription selection as published by Tradovate at the renewal date.

PRORATED BILLING

All rates are based on the full Subscription Term and no prorated billing credit will be applied for a Pricing Plan after the start of the billing period. No prorated credit will be given for unused time after a Pricing Plan has been terminated. Prorated credit will be applied to upgrades to the Pricing Plan and Subscription Term by calculating the difference in remaining value between the current Pricing Plan and Subscription Term and the upgraded Pricing Plan and Subscription Term.

PROMOTIONAL TRIAL ACCESS

Tradovate offers certain customers various trial or other promotional access, which are subject to these Terms, except as otherwise stated in the promotional offers. Trial subscribers may at any time choose not to continue to a Pricing Plan at the end of the trial period by allowing their trial to expire.

OTHER LIMITATIONS

• Tradovate reserves the right to accept or refuse trading accounts in its discretion
• You may not transfer or assign your Tradovate access or any rights or obligations under these Terms without the prior written consent of Tradovate. Any attempted assignment or transfer without such prior written consent from Tradovate shall be void and of no effect.
• From time to time, Tradovate may choose in its sole discretion to add or remove benefits from Pricing Plans

LIQUIDATION POLICY FOR TRADOVATE BROKERAGE ACCOUNTS

Market conditions permitting, for accounts holding positions other than micro contracts, Tradovate will liquidate positions in customer accounts should the Net Liquidating Value of the account fall below the greater of $500 or (ii) 3.0% of the initial margin as set by the exchange. In a case where the initial margin requirement of the position is less than $500, Tradovate will liquidate positions in customer accounts should the Net Liquidating Value fall below this initial margin requirement.

Market conditions permitting, for accounts holding positions only in micro and/or FairX contracts, Tradovate will liquidate positions in customer accounts should the Net Liquidating Value of the account fall below the greater of $50 or (ii) 3.0% of the initial margin for customers.

Any account that is not fully margined after 4:45 PM ET will be liquidated.

Any such sale, purchase or cancellation may be made at Tradovate’s reasonable discretion on any Exchange on which such business is transacted. Customers shall remain liable for and shall pay to Tradovate the amount of any deficiency resulting from any transaction described above.

If positions are liquidated by Tradovate, a $25.00 position liquidation fee will be applied to the first liquidation and a $50.00 position liquidation fee will be applied to each subsequent liquidation.

Initial margins may be raised at any time by either Tradovate’s FCMs or Tradovate.

MARKET DATA ACCESS

Tradovate provides access to real-time and delayed market data for the exchanges available on the Tradovate platform. You may activate and deactivate your access to a particular exchange and market data type in the Tradovate platform. You may not redistribute exchange and market data to third parties in any manner.

You are responsible for all applicable market data fees. Current market data prices are available in the Tradovate platform and are subject to change at any time. All rates are based on the full calendar month of market data access and no prorated billing credit will be applied for partial market data access. No prorated credit will be given for unused time after market data access has been terminated.

Real-time market data subscription to the applicable exchange is required in order to submit orders to that exchange.

MARKET DATA SUBSCRIPTION STATUS

Futures exchanges and exchange operators maintain policies that define the terms of accessing, displaying, and using market data, including the definition of Market Data Subscriber (“Market Data Subscriber”).

You are solely responsible for maintaining the accuracy of the Market Data Subscriber status that is applied to your subscription. You are required to notify Tradovate immediately regarding any inaccuracies related to the Market Data Subscriber status applied to your user or upon any changes to whether you qualify as a professional or non-professional Market Data Subscriber.

You are responsible for any additional fees, fines, or charges imposed on Tradovate based on any false or untruthful statements contained in your representation and certification of your Market Data Subscriber status.

CME GROUP MARKET DATA SUBSCRIBER DEFINITION

CME Group (“CME”) charges different fees for Market Data Subscribers, depending on whether they qualify as professional or non-professional Market Data Subscribers.

Except as otherwise stated, the Market Data Subscriber definition is subject to change at any time and in the CME’s sole discretion.

Non-Professional shall mean and include either (i) an individual, natural person subscriber(s) who, or (ii) certain small business entities (limited liability companies, partnerships, trusts or corporations) that, receive and use Information (excluding any pit traded data), in each case subject to the following restrictions:

The Non-Professional Subscriber must:

1. have an active futures trading account;
2. be an individual, natural person or small business entity

The Non-Professional Subscriber must not:

1. be a member (or hold or lease any type membership) of any exchange;
2. be  registered  or  qualified  as  a  professional  trader  or  investment  adviser  with  any  stock, commodities or futures exchange or contract market, or with any financial regulatory authority
3. be acting on behalf of an institution that engages in brokerage, banking, investment, or financial activities

The Non-Professional Subscriber’s Use of Information must:

1. be solely for the subscriber’s personal or private use;
2. be limited to managing the subscriber’s own assets, and not be used in connection with the management of any assets of any third party(ies) in any capacity

The Non-Professional Subscriber’s Access to Information must only

1. be  via  a  maximum  of  two  trading  terminals  per  Distributor,  permissioned  for  Real-Time Information  and  capable  of  routing  orders  to  the  CME  Globex Platform  (an  “Order  Routing Device”).

Any subscriber who does not meet the qualifications of a non-professional subscriber will be considered a professional subscriber.

Notwithstanding anything herein, CME reserves the right in all cases to make a final determination as to whether a subscriber is a non-professional or a professional.  CME reserves the right to amend this policy or terminate reduced fees for non-professionals at any time.

EUREX MARKET DATA SUBSCRIBER DEFINITION

To qualify as a non-professional user, you must be a natural person and market non-professional and meet all of the following requirements as established by the exchange:

1. You will receive market data in an entirely personal capacity for your own investment purposes and not for business purposes nor on behalf of any company or other person.
2. You are not a market professional in any financial market.
3. You are not registered in any capacity with any exchange, market, or regulatory agency having jurisdiction over exchanges, dealer networks, or other markets.
4. You are not an investment advisor, nor do you operate a credit institution or financial services institution.
5. You are not a consultant, contractor, or software developer who uses market data for any purpose other than personal investing.
6. You will not make the market data available to third parties.

Notwithstanding anything herein, Eurex reserves the right in all cases to make a final determination as to whether a subscriber is a non-professional or a professional.  Eurex reserves the right to amend this policy or terminate reduced fees for non-professionals at any time.

PRIVACY POLICY

By agreeing to the Terms of Service and EULA, you are agreeing to the privacy policy of Tradovate, LLC which is available at https://www.tradovate.com/disclosures#disclosure-3

Federal Privacy Notice

If you are a consumer that has applied for or obtained a financial product or service from us that is primarily for personal, family or household purposes, the federal Gramm-Leach-Bliley Act (“GLBA”) and Fair Credit Reporting Act (“FCRA”) regulate how we collect, use, and disclose personal information about you. Pursuant to those laws, information about our collection and sharing practices are described in our Privacy Notice.

Personal Information We Collect About You

We may collect the following types of information about you:

• Information we receive from you on applications or other forms;
• Information from communication and interactions that we have with you;
• Information from third parties who provide consumer information or verify consumer relationships;
• Information from third parties that analyze your activities on our Platform;
• Information about your transactions with us, our affiliates or others;
• Information we receive from a consumer reporting agency;
• Information about you that we obtain through an information collecting device from a web server;
• Information about your device or connection and information we collect through cookies and other data collection technologies;
• Information about your use of or visit to our Platform; and
• Information you submit through our support channels.

The personal information we collect about you may include the following:

Personal identifiers and contact information, including your name, email address, postal address, phone numbers, your social security number and information from other government-issued IDs, and your IP address.

Financial and account information, including bank account information, credit card information, trading account information including username and password, credit history and credit scores, information about your income and net worth, and trading account history.

Internet or other electronic network activity information, including browsing history, device ID, search history, information concerning your interaction with the Platform and advertisements. Additionally, as you browse our Platform, we may use third parties to collect information about the individual web pages or products that you view, what websites or search terms referred you to the Platform, and information about how you interact with the Platform, such as what you click on, where you may encounter problems on the Platform, and your keystrokes, movements of your mouse, and other patterns of use. This information helps us detect potential problems on our Platform, analyze its functionality, and improve the user experience.

How We Use Personal Information We Collect

We only use your personal information where the law allows us to. We may use your personal information for the following reasons:

• To contact you in response to your inquiries, comments and suggestions;
• To contact you otherwise when necessary;
• For the specific purpose for which it was provided;
• To complete any transactions you may perform with or through us;
• For advertising and marketing purposes;
• To determine if you are located in a geographic area we do not serve;
• To improve the user experience and functionality of our Platform; and
• To generate aggregate statistical studies.

How We Share Information We Collect

We restrict access to your PII to those employees who need to know that information to provide Services to you.

We may disclose your personal information to third parties such as clearing firms, financial service providers, payment processors, and marketing companies, for our everyday business purposes, such as preparing and processing your account application; processing orders and generating statements; confirming your account balance(s) prior to your trades; marketing and advertising; and to analyze the efficacy of our Platform.

We may also disclose your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also disclose your personal information with third parties to help detect and protect against fraud or data security vulnerabilities. And we may transfer your personal information to a third party in the event of a merger, reorganization of our entity or other restructuring.

Cookies

Cookies are small, sometimes encrypted text files that are stored on computer hard drives by websites that you visit. They are used to help users navigate websites efficiently as well as to provide information to the owner of the website. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.

When you visit the Platform, we may place a “cookie” or other online tracking device (e.g. web beacons) that recognizes you when you visit the Platform, such as by assigning a session ID. The cookies or trackers we place may also collect information about your IP address or the actions taken in connection with the Platform. This information helps us improve the functionality of the Platform. We may also use cookies to understand other websites you are interested and use that information to deliver targeted advertising to you about our Services.

We may also allow third parties to place cookies on our Platform to provide you with gather information about how you use the Platform so that we can improve the user experience. These third parties may also use your personal information to deliver targeted advertising to you. To learn more about the choices you have with respect to targeted advertising, including opt-out options, consult the Network Advertising Initiative’s Understanding Online Advertising page (https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options/).

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 (https://policies.google.com/technologies/ads?hl=en-US).

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.

How We Store and Secure Information We Collect

We maintain administrative, physical, and technical safeguards to guard the confidentiality, integrity and security of your personal information. However, we cannot guarantee absolute security, as even the most robust safeguards may not be able to prevent all security breaches.

Your Rights

You may opt out of receiving marketing materials from us by using the unsubscribe link in our communications, or by contacting us (see Contact Us section below for details). Please note, however, that even if you opt out from receiving marketing materials from us, you will continue to receive notifications or information from us that are necessary for the use of our Platform.

As a security measure, we may need specific information from you to help us confirm your identity when processing your privacy requests or when you exercise your rights.

Minors' Information

The Platform is not directed to children under 13, and we do not knowingly collect or sell the personal information of minors under 16. 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.

Shine The Light

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents to annually request, free of charge, information about certain categories of personal information a business has disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not share such personal information of California residents with third parties for their own marketing purposes.

Do Not Track

We do not respond to web browser “do not track” signals at this time.

Changes To This Policy

We may amend this policy from time to time by posting the updated policy on our Platform. By continuing to use our Platform after the changes come into effect, you agree to be bound by the revised policy.

Contact Tradovate

For users in the EU, Tradovate is a Controller, as defined in GDPR, of your personal information. If you have questions or requests of your personal information, you may contact Tradovate.

By email at support@tradovate.com

Witten requests, please contact us at:

Tradovate Holdings, LLC

222 N La Salle St., Suite 1450

Chicago, IL 60601

You may also call Tradovate at (312)-283-3100

Last updated: 22 October 2021