The purpose of this policy
The purpose of this policy is to explain to you what personal information we collect and how we and our associated companies may use it. Companies are associated with us if they are our subsidiaries or we are both subsidiaries of the same corporate entity.
We are the controller of any personal information which you provide to us which means that we decide the purposes and means of the processing of that personal information.
How we obtain and store your information
We obtain your information through applications, emails, letters, telephone calls, text messages, cookies and conversations when registering for our services and during the course of our relationship (including information gained when you use our learning tools, demo accounts and trading simulators).
We may monitor or record phone calls with you and monitor (and maintain a record of) all emails and electronic communications sent by or to us.
We follow strict security procedures in the storage and disclosure of information that you have given us to prevent unauthorised access.
What types of personal information we process
We may process the following types of personal information:
- contact details including email details and phone numbers;
- age or date of birth;
- trading knowledge and experience;
- user names and passwords;
- information relating to your account including your account history, activity and orders
- IP address;
- National insurance number or other MiFIR national identifier;
- FCA approved reference number;
- Transaction reporting reference;
- Power of attorney / agent details;
- Phone device type;
- Operating system;
- Device ID;
- Cookie ID;
- Google 360 ID;
- GUID; and
- information about your use of our services, products and facilities (including information gained when you use our learning tools, demo accounts and trading simulators).
How we check your identity
To comply with money laundering regulations we need to confirm the name and address of our customers and certain third parties. We may ask you to provide physical forms of identity verification when you open your account. Alternatively, we may use a credit reference agency to verify your identity. Our search is not seen or used by lenders to assess your ability to obtain credit.
Using your personal information
As well as checking your identity, the personal information we hold may be used for:
- considering any of your applications;
- carrying out risk assessments;
- complying with our legal and regulatory obligations;
- performing our obligations under any contract we have with you;
- administering our relationship with you including resolving queries or issues;
- establishing and managing your account;
- reviewing your ongoing needs;
- providing you with the information, products and services that you request from us;
- checking your instructions to us;
- investigating any complaint you may make;
- providing evidence in any dispute or anticipated dispute between you and us;
- recovering amounts payable;
- training our staff;
- enhancing our customer service and products;
- undertaking product development and analysis; and
- detecting or preventing fraud or other crimes.
Where you have consented to direct marketing, we may send you marketing material from time to time by post, email, telephone, text message or other electronic messaging services.
We also use technology to make decisions automatically or to build profiles about you. This technology uses logic that assesses whether our products are suitable for a potential customer, which helps us to determine whether or not it is appropriate for a potential customer to open an account with us. This means that you may not be able to open an account with us if our technology determines that it would not be appropriate for you to do so based on your financial knowledge and trading experience. If you ever think our machines have got it wrong, you can ask for a human to look into it. (See “Your Rights – Rights in relation to automated decision making and profiling”.)
When we may share your information
We may share your personal information with:
- the FCA and any other regulatory or tax authority;
- such third parties as we reasonably consider necessary in order to prevent crime, e.g. the police;
- our associated companies;
- third-party service providers and advisers who provide us with administrative, financial, research or other services in connection with the services we provide to you;
- our introducing brokers and other commercial partners;
- our professional advisers;
- our auditors for the purposes of carrying out financial and regulatory audits;
- our agents, including credit reference agencies, acting on our behalf, carrying out such credit and identity checks, including money laundering checks, compliance regulatory reporting and fraud prevention checks, as we may reasonably consider necessary or desirable, including requesting a reference from your bank or any credit reference agency. Any third party referred to in this clause may share any personal information concerning you with us and other organizations involved in credit reference, the prevention of fraud and/or crime and/or money laundering or for similar purposes or to recover debts involved;
- courts, tribunals, regulatory or tax authorities and government agencies to enable us to enforce our agreement with you or to comply with the requirements of a court, regulator, tax authority or government agency;
- the purchaser or potential purchaser of one or more of our businesses or product/service lines and their professional advisers; and
- our trade repository.
Please also note that disclosure to the trade repository or regulators may also result in certain anonymous transaction and pricing data becoming available to the public.
Generally, we require that organizations outside our associated companies with whom we share your personal information acknowledge the confidentiality of your data, undertake to respect your right to privacy and comply with the data protection principles and this policy.
Information, which we obtain indirectly
In some cases, we are also provided with your name and contact details by our agents.
We also gather information relating to you and your online behavior:
- to help optimize our website, to give you a good user experience and to personalize your use and our communications to you;
- to help us monitor, support and improve the performance of our site (by analyzing your use and experience of our site);
- to help us understand more about you and the products and services you use and are interested in; and
- to tailor the online advertising you receive.
Knowing more about you helps us to understand our customers better, and means we can give you recommendations about products and services you may be interested in, and provide you with relevant advertising and customized communications that are of interest to you.
We combine information that you provide to us with information that is publicly available and/or that we receive from third parties such as advertisers and/or other reputable sources who have obtained your permission to do so, or have otherwise explained to you that this may happen.
The legal basis for our processing of personal information
The legal basis for our processing of personal information will depend on why we process your information.
Where you wish to enter into or have signed a contract to receive services from us, we will process your personal information to enable us to enter into and perform our contract with you. If you don’t provide the personal information requested then we may not be able to provide some or all of those services to you.
We may also need to process your personal information to comply with our legal and regulatory obligations including in relation to:
- performing anti-money laundering, terrorism prevention and sanctions screening checks, complaints and investigations or litigation;
- obtaining information about your relevant investment knowledge and experience as required by the FCA so that we can assess whether a service is appropriate for you;
- obtaining information about your other investment activities in order to ascertain your status for the purposes of regulations which apply to trading in over-the-counter derivatives; and
- submitting and disclosing reportable data to our trade repository.
We also have a legitimate interest to process your personal information for:
- performing the services or supplying the products or information you have agreed to receive from us;
- ongoing management of our relationship with you and to maintain contact with you;
- our internal business purposes which may include business and disaster recovery, document retention/storage, IT service continuity (e.g. back-ups and helpdesk assistance) to ensure the quality of the services we provide to you;
- corporate transactions;
- marketing analytics including marketing campaign optimization and web analytics to enable us to develop and target the marketing of our products and services;
- keeping our records updated and studying how customers use our products/services;
- developing our products and services, growing our business and informing our marketing strategy;
- defining the types of customers for our products and services and keeping our website(s) and platform(s) updated and relevant; and
- portfolio analysis and experience studies to enable us to improve the products and services we offer to customers.
If you have consented to direct marketing, we will use relevant personal information to enable us to provide you with personal information about products, news and services that may be of interest to you.
Using companies to process your information outside the EEA
All countries in the European Economic Area (“EEA”) have similar standards of legal protection for your personal information. The personal information that we collect from you may be transferred to, and stored in, the United States of America, Australia, Japan, Singapore, China and the UAE. It may also be processed by staff operating outside the EEA in the United States of America, Australia, Japan, Singapore, China and the UAE who work for us. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. Where we transfer personal information or share it with others outside the EEA, we will ensure that we and those persons or companies who receive your personal information agree to protect it from improper use or disclosure, in accordance with data protection law by use of model clauses approved by the European Commission
How long will we keep it?
We shall hold information about you on electronic and/or paper files whilst you are a customer and for at least six years after you cease to be a customer.
YOUR PRIVACY RIGHTS
This section explains your rights in relation to your personal information in more detail. The various rights are not absolute and are subject to certain exceptions or qualifications.
Further personal information and advice about your rights can be obtained from the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Tel: 0303 123 1113 or on its website at www.ico.org.uk.
You are entitled to receive personal information free of charge except in the following circumstances where we may charge a reasonable fee to cover our administrative costs of providing the personal information for:
- manifestly unfounded or excessive/repeated requests, or
- further copies of the same information.
Alternatively, we may be entitled to refuse to act on the request.
Please consider your request responsibly before submitting it. We’ll respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we’ll let you know.
In order to exercise any of the rights described below please contact us.
Accessing your information
When can you request access?
You have the right to:
- confirmation that your personal information is being processed
- access to your information, and
You can request copies of paper and electric records about you that we hold, share or use. To deal with your request, we can request proof of identity and enough personal information to enable us to locate the personal information you request.
When will access not be provided?
We can only provide you with your information, not personal information about another person. Also, where access would adversely affect another person’s rights, we’re not required to provide this. Due to legal privilege, we may not be able to show you anything that we learned in connection with a claim or legal proceeding.
Please clearly set out in your access request the personal information that you’re requesting. If this is not clear, we may come back to you to ask for further personal information by way of clarification.
Correcting your information
You have the right to obtain from us without undue delay the rectification of inaccurate personal information concerning you. If you tell us that the personal information we hold on you is incorrect, we will review it and if we agree with you, we will correct our records. If we do not agree with you we will let you know. If you wish, you can tell us in writing that you believe our records still to be incorrect and we will include your statement when we give your personal information to anyone outside the Hudson Metrics group of companies. You can contact us using the details in the section above in the main body of the privacy notice headed ‘Obtaining further personal information from us’.
You may also have the right to have incomplete personal information completed, including by means of providing a supplementary statement. Whether or not this is appropriate in any particular case depending on the purposes for which your personal information is being processed.
We need to notify any third parties with whom we’ve shared your personal information that you’ve made a rectification request. We’ll take reasonable steps to do this, but if it is not possible or may involve disproportionate effort we may not be able to do this or ensure they rectify the personal information they hold.
How you can see and correct your information
Generally, we will let you see the personal information that we hold about you, or take steps to correct any inaccurate information, if you ask us in writing.
Due to legal privilege, we may not be able to show you anything that we learned in connection with a claim or legal proceeding.
Erasing your information
When can you request erasure?
You have a right to have your personal information erased, and to prevent processing, where:
- the personal information is no longer necessary for the purpose it was originally collected/processed;
- you withdraw consent (where previously provided);
- you object to the processing and our legitimate interests in being able to keep processing your personal information don’t take priority;
- we’ve been processing your personal information in breach of data protection laws; or
- the personal information has to be erased in order to comply with a legal obligation.
When can we refuse erasure requests?
The right to erasure does not apply where we are required to retain it for legal or regulatory purposes or where your information is processed for certain specified reasons, including for the exercise or defense of legal claims.
More importantly, if we have to erase your data we may not be able to provide you with our services.
Do we have to tell other recipients of your personal information about your erasure request?
Where we have provided the personal information you want to be erased to third parties, we need to inform them about your erasure request, so they can erase the personal information in question. We’ll take reasonable steps to do this, but this may not always be possible or may involve disproportionate effort.
It may also be that the recipient is not required/able to erase your personal information because one of the exemptions above applies.
Restricting processing of your information
When is restriction available?
You have the right to restrict the processing of your personal information:
- where you disagree with the accuracy of the information, we need to restrict the processing until we’ve verified the accuracy of the information;
- when processing is unlawful and you oppose erasure and request restriction instead;
- if we no longer need the personal information but you need this to establish, exercise or defend a legal claim; or
- where you’ve objected to the processing in the circumstances detailed in paragraph (a) of “Objecting to processing”, and we’re considering whether those interests should take priority.
Do we have to tell other recipients of your personal information about the restriction?
Where we’ve disclosed your relevant personal information to third parties, we need to inform them about the restriction on the processing of your information, so that they don’t continue to process this.
We’ll take reasonable steps to do this, but this may not always be possible or may involve disproportionate effort.
We’ll also let you know if we decide to lift a restriction on processing.
Taking your personal information with you
When does the right to data portability apply?
The right to data portability only applies:
- to personal information you’ve provided to us (i.e. not any other information);
- where the processing is based on your consent or for the performance of a contract; and
- when processing is carried out by automated means.
When can we refuse requests for data portability?
We can refuse your data portability request if the processing does not satisfy the above criteria. Also, if the personal information concerns more than one individual, we may not be able to transfer this to you if doing so would prejudice that person’s rights.
Objecting to processing
You can object to processing in the following circumstances:
(a) Legitimate interests
You’ve the right to object, on grounds relating to your particular situation, at any time to processing of personal information concerning you which is based on legitimate interests.
If we can show compelling legitimate grounds for processing your personal information which override your interests, rights and freedoms, or we need your personal information to establish, exercise or defend legal claims, we can continue to process it. Otherwise, we must stop using the relevant information.
(b) Direct marketing
You can object at any time to your personal information being used for direct marketing purposes (including profiling related to such direct marketing).
If you sign up to receive newsletters or other e-mail messages from us, you can opt-out at any time free of charge by clicking the unsubscribe link at the bottom of the message. You may also choose to opt-out from receiving marketing materials from us by contacting us.
Automated decision making and profiling
You’ve the right not to be subject to a decision based solely on automated processing, including profiling, which has legal consequences for you or similarly significant effects.
- this is necessary for entering into, or performance of, a contract between us;
- this is authorised by applicable law; or
- we’ve obtained your explicit consent to do so for these purposes.
While we’re confident that the technology works, we understand that not everyone is comfortable with decisions being left entirely up to machines. That is why you can request human intervention – let us know your concerns and contest the decision if you think our technology has got it wrong.
Risk Warning: Our service includes products that are traded on margin and carry a risk of losses in excess of your deposited funds. The products may not be suitable for all investors. Please ensure that you fully understand the risks involved.
Terms and Conditions
These Terms and Conditions were last modified October 2020.
The HUDSON METRICS Group of companies (collectively, “HUDSON METRICS”) is pleased to provide you with information, content, tools, products and services on the HUDSON METRICS Sites (the term “HUDSON METRICS Sites” refers to all HUDSON METRICS websites, as well as to their content including products and services). These Terms and Conditions also include important disclosures and information related to certain products and services. Your use of HUDSON METRICS Sites is subject to these Terms and Conditions.
These Terms and Conditions are a binding agreement between you and HUDSON METRICS. Your access to and use of this website constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website. Your use of HUDSON METRICS Sites is governed by the version of the Terms and Conditions in effect on the date each HUDSON METRICS Site is accessed by you.
HUDSON METRICS may modify these Terms and Conditions at any time and without prior notice. You should review the most current version these Terms and Conditions by visiting an HUDSON METRICS Site and clicking on the Terms and Conditions hyperlink located at the bottom of the page. Your continued access to and use of this website constitutes your acceptance of these Terms and Conditions as modified. The only notice of changes or modification to these Terms and Conditions will be by HUDSON METRICS publishing revised Terms and Conditions on this website; HUDSON METRICS will not separately notify you of any changes or modifications.
These Terms and Conditions are in addition to any other agreements between you and HUDSON METRICS, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the HUDSON METRICS Sites.
USE OF HUDSON METRICS SITES
The HUDSON METRICS Sites are intended only for your personal, non-commercial use, unless you and HUDSON METRICS have agreed otherwise in writing.
DISTRIBUTION AND RESPONSIBILITY OF VISITORS
The information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in HUDSON METRICS Sites are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation.
It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject. Nothing on the HUDSON METRICS Sites shall be considered a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
The HUDSON METRICS Sites are not intended to provide legal, tax or investment advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
The HUDSON METRICS Sites are protected by applicable intellectual property laws. Except as expressly stated herein, you may not without HUDSON METRICS’s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any HUDSON METRICS Site.
If you link from another website to a HUDSON METRICS Site, your website, as well as the link itself, may not, without HUDSON METRICS’s prior written permission, suggest that HUDSON METRICS endorses, sponsors or is affiliated with any non- HUDSON METRICS website, entity, service or product, and may not make use of any HUDSON METRICS trademarks or service marks other than those contained within the text of the link.
The HUDSON METRICS Sites, excluding third party content, are original works of authorship published by HUDSON METRICS. HUDSON METRICS has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on this website are owned by HUDSON METRICS or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.
VOID WHERE PROHIBITED
Although the HUDSON METRICS Sites including the products and services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all jurisdictions, or appropriate or available for use in certain jurisdictions. HUDSON METRICS reserves the right to limit, in its sole discretion, the products and services it makes available, the provision and the quantity to any person.
HUDSON METRICS reserves the right to change content, products and services, (including eligibility for particular features, products and/or services) without notice.
THIRD PARTY CONTENT AND RESEARCH
The HUDSON METRICS Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects.
Some of this content may be supplied by companies that are not affiliated with any HUDSON METRICS Entity (“Third Party Content”). The source of all Third Party Content is clearly and prominently identified on HUDSON METRICS Sites.
Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or Licensed from the Third Party Content provider(s) credited.
HUDSON METRICS does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.
While HUDSON METRICS makes every attempt to provide accurate and timely information to serve the needs of users, neither HUDSON METRICS nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and HUDSON METRICS and Third Party Content providers specifically disclaim any liability for Third Party Content available on the site. You will use Third Party Content only at your own risk. The third party content is provided on an “as-is” basis. The third party content providers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
The third party content providers and their parents, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use or the inability to use the third party content, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.
ACCURACY OF INFORMATION
While HUDSON METRICS has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions. HUDSON METRICS has taken reasonable measures to ensure the accuracy of the information on the Website. However, HUDSON METRICS does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Web site.
All content on the HUDSON METRICS Sites is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Because all servers have limited capacity and are used by many people, do not use HUDSON METRICS Sites in any manner that could damage or overburden any HUDSON METRICS server, or any network connected to any HUDSON METRICS server. Do not use HUDSON METRICS Sites in any manner that would interfere with any other party’s use of the HUDSON METRICS Sites.
USE OF LINKS
The HUDSON METRICS website may contain links to websites operated by other parties. HUDSON METRICS does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for your reference only and HUDSON METRICS excludes all liability and responsibility for the content or operation of these third party websites.
EXCLUSION OF WARRANTIES
HUDSON METRICS does not make any express or implied warranties about the HUDSON METRICS sites, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The HUDSON METRICS sites are made available to you “as is” and “as available” and HUDSON METRICS does not warrant that any defects or inaccuracies will be corrected.
HUDSON METRICS does not warrant that the Hudson Metrics sites will meet your needs, or that they will be uninterrupted, timely, secure or error-free. HUDSON METRICS also makes no warranty that the results obtained from the use of the Hudson Metrics sites will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the HUDSON METRICS sites will meet your expectations.
DISCLAIMER AND LIMITATION OF LIABILITY
To the maximum extent permitted by law, HUDSON METRICS will not be liable for any consequential, incidental, special, direct, or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of the HUDSON METRICS sites and third party content, inconvenience or delay). This is true even if HUDSON METRICS has been advised of the possibility of such damages or losses.
Except as otherwise required by law, HUDSON METRICS will not be liable to you or anyone else for any loss resulting from a cause over which such HUDSON METRICS does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
If you live in a state, country or jurisdiction that does not allow the limitation or exclusion of liability or incidental or consequential damages, some or all of these limitations and exclusions may not apply to you.
As a condition of your use of the HUDSON METRICS Sites, you agree to indemnify and hold HUDSON METRICS and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the HUDSON METRICS Sites, or from your violation of these Terms.
It is your obligation to keep HUDSON METRICS accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any HUDSON METRICS Site is made at your own risk. You authorize HUDSON METRICS to rely and act on, and treat as fully authorized and binding upon you, any instruction given to HUDSON METRICS that HUDSON METRICS believes to have been given by you or on your behalf by any agent or intermediary whom HUDSON METRICS believe in good faith to have been duly authorized by you. You acknowledge and agree that HUDSON METRICS shall be entitled to rely upon your account number and/or password to identify you and agree you will not disclose this information to anyone not duly authorized by you.
HUDSON METRICS reserves the right to terminate your usage of the HUDSON METRICS Services at any time, for any reason, with or without cause and without prior notice.
If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
GOVERNING LAW AND JURISDICTION
Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by English laws, without regard to principles of conflicts of law, and shall inure to the benefit of HUDSON METRICS’s successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with HUDSON METRICS in England or elsewhere. Provided however, that nothing herein shall prevent HUDSON METRICS from bringing any action in the courts of any other jurisdiction.
HUDSON METRICS SOFTWARE END USER LICENSE AGREEMENT
Hudson Metrics Limited, and each of its affiliates and subsidiaries (collectively, “HUDSON METRICS”) is willing to license the software (defined below) to you only upon the condition that you accept all of the terms contained in this end user license agreement (“EULA”). This EULA is a legal agreement between you and HUDSON METRICS. Read it carefully before completing the installation process and/or using the software. By using the software you acknowledge that you have read the terms of the EULA and agree to them. If you are agreeing to these terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these terms. If you do not have such authority, or if you do not wish to be bound by the terms, then you cannot use the software identified below or any other media on which the software is contained.
- Software. Software is defined as downloadable HUDSON METRICS platforms and API’s, including but not limited to Trading Station, Active Trader, as well as any other software, updates or error corrections provided by HUDSON METRICS, and any associated data, media, files, user manuals, programming guides, signals, messages, alerts and other documentation provided to you by HUDSON METRICS or otherwise disseminated by HUDSON METRICS.
- License. License is defined as a limited, revocable, non-sublicensable, non-exclusive, non-transferable right to use Software, granted to you.
- GRANT OF LICENSE.
HUDSON METRICS grants you the right to install, use, access, display and run the Software on any computer or mobile device, where applicable, that you own or control, for personal, non-commercial use, unless you and HUDSON METRICS have agreed otherwise in writing, and provided that you comply with all terms and conditions of this EULA.
- SCOPE AND LIMITATIONS.
You may not rent, lease, lend, sell, redistribute, reuse, retransmit, sublicense or exploit the Software including the Software text, graphics, video, audio, codes, user interface design or logs. You may not copy (except as expressly permitted by this EULA), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof including but not limited to the Software text, graphics, video, audio, codes, user interface design or logs. Any attempt to do so is a violation of the rights of HUDSON METRICS. The terms of the EULA will govern any upgrades provided by HUDSON METRICS that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The Software is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is your responsibility to ascertain the terms of the EULA and comply with any local law or regulation to which you are subject. You shall not use or permit anyone to use the Software for any unlawful or unauthorized purpose. The information provided to you in the Software is the exclusive proprietary content of HUDSON METRICS and where applicable, its third party vendors, licensors and the affiliates thereof. Nothing in this EULA shall provide you with any proprietary rights in the Software or any information provided to you in the Software.
As a condition to this License you understand and agree that your download and/or use of the Software will expose you to risks associated with the download and/or use of software that may not be compatible with your computer equipment. You hereby agree to accept such risks, including, but not limited to, failure of or damage to, hardware, software, communication lines or systems, and/or other computer equipment. HUDSON METRICS expressly disclaims any liability with respect to the foregoing, and you agree to fully indemnify, defend and hold harmless HUDSON METRICS from any and all damages, liabilities, losses, costs and expenses that may arise therefrom.
- CONSENT TO USE OF DATA.
You agree that HUDSON METRICS may collect and use technical data and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to this EULA.
- LINKS TO THIRD PARTY CONTENT.
You may link to third party content through the use of the Software. The third party sites are not under the control of HUDSON METRICS and HUDSON METRICS is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Inclusion of any link does not imply an endorsement by HUDSON METRICS of the third party site. Certain third-party information transmitted in the Software may require additional approvals by the vendor or third party that supplies such information. You are responsible for making application to and receiving such written approval by the required third-party and paying any fees or charges where applicable.
The License granted to you under this EULA can be terminated by HUDSON METRICS at any time without notice, with or without cause. HUDSON METRICS reserves the right to terminate your rights under this License without notice from HUDSON METRICS if you fail to comply with any term(s) of this EULA. Upon termination of the License, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software. You acknowledge that certain information is being supplied by third parties with whom HUDSON METRICS has entered into an agreement. In the event any agreement between a third party provider of information or software and HUDSON METRICS is terminated, HUDSON METRICS will stop providing you with this information or software immediately and without notice. Pursuant to the terms of Section 10, neither HUDSON METRICS nor any third party vendor or information provider with whom HUDSON METRICS has entered into an agreement shall have any liability to you in connection with such termination.
- INTELLECTUAL PROPERTY.
You acknowledge that the Software is protected by copyright and other intellectual property laws. You further acknowledge that all right, title and interest therein are the sole property of HUDSON METRICS and its third party licensors, where applicable, and that you receive no rights, title or interests in the Software except as expressly set forth herein. You agree not to challenge either HUDSON METRICS’s or any third party licensor’s rights in or otherwise attempt to assert any rights in the Software, except those provided under this EULA.
- NO WARRANTY:
HUDSON METRICS does not make any express or implied warranties about the software, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The software is made available to you “as is” and “as available” and HUDSON METRICS does not warrant that any defects or inaccuracies will be corrected. HUDSON METRICS does not warrant that the software will meet your needs, or that your use will be uninterrupted, timely, secure or error-free. HUDSON METRICS also makes no warranty that the results obtained from the use of the software will be accurate or reliable, or that the quality of any products, services, information, or other material related to the software will meet your expectations. No oral or written information or advice given by Hudson Metrics or its authorized representative shall create a warranty. HUDSON METRICS and its third party content providers, third party licensors and any affiliates thereof do not make any express or implied warranties regarding the accuracy or timeliness of any and all information provided via the software. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
- LIMITATION OF LIABILITY:
To the extent permissible by law, in no event shall HUDSON METRICS, any third party content provider, any third party licensor or any affiliates thereof be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses (“losses”), arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if HUDSON METRICS, any third party content provider, any third party licensor or any affiliates thereof have been advised of the possibility of such damages. Furthermore, except as otherwise required by law, HUDSON METRICS will not be liable to you or anyone else for any loss resulting from a cause over which such HUDSON METRICS does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. Use of any third-party software will be governed by the applicable license agreement, if any, with such third party. HUDSON METRICS is not responsible for any third-party software and will have no liability of any kind for losses resulting from your use of such third-party software with HUDSON METRICS ‘s software. HUDSON METRICS makes no warranty of any kind with respect to such third-party software.
- GOVERNING LAWS AND JURISDICTION.
Unless otherwise agreed, this EULA and it’s enforcement is governed by the laws of the state of New York, without regard to principles of conflicts of law, and shall inure to the benefit of HUDSON METRICS’s successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with HUDSON METRICS in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within the city and county of New York, NY and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent HUDSON METRICS from bringing any action in the courts of any other jurisdiction. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- GOVERNING LANGUAGE.
Any translation of this License is done for local requirements or for your convenience. In the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
- MODIFICATIONS TO THE EULA.
HUDSON METRICS reserves the right to change the terms and conditions of the EULA at any time with or without notice by posting such changes on the www.Hudson Metrics.com website. You are responsible for regularly reviewing these terms and conditions for any modifications and agree to be bound by the same.
Risk Warning: Our service includes products that are traded on margin and carry a risk of losses in excess of your deposited funds. The products may not be suitable for all investors. Please ensure that you fully understand the risks involved.
We have provided the information available on this web site for your general guidance. We take great care in ensuring that the information is accurate; however, we accept no liability in this respect. You should be aware that the content is subject to change without notice.
The information on this web site is not targeted at the general public of any particular country. It is not intended for distribution to residents in any country where such distribution or use would contravene any local law or regulatory requirement.
The services offered on this web site are only available following successful completion of our account opening requirements. We have made every effort to describe the benefits and risks associated with these services which you should ensure you understand before contemplating an application.
In the ordinary course of its business, we may hold positions in one or more financial instruments which feature on this web site.
You acknowledge and agree that any instruction given by you or on your behalf via our website is made at your own risk. You will be responsible for keeping your data confidential and acknowledge that we shall be entitled to rely upon these details to identify you.
All copyright, trademarks and other intellectual property rights in the content of this website belong to us or our licensors. No information on this website may be reproduced, adapted, uploaded to a third party distributed or transmitted in any form by any process without our specific written consent.
From time to time, our website may contain links to other sites and/or resources provided by third parties. These links and/or resources are provided for your information only and we have no control over the contents of those materials, and in no way endorse their content. Any analysis, opinion, commentary or research-based material on our website is for information and educational purposes only and is not, in any circumstances, intended to be an offer, recommendation or solicitation to buy or sell. You should always seek independent advice as to your suitability to speculate in any related markets and your ability to assume the associated risks, if you are at all unsure. No representation or warranty is made, express or implied, that the materials on our website are complete or accurate. We are not under any obligation to update any such material.
As such, we (and/or our associated companies) will not be responsible or liable for any loss or damage incurred by you or any third party arising out of, or in connection with, any use of the information on our website (other than with regards to any duty or liability that we are unable to limit or exclude by law or under the applicable regulatory system) and any such liability is hereby expressly disclaimed.
Risk Warning: Our service includes products that are traded on margin and carry a risk of losses in excess of your deposited funds. The products may not be suitable for all investors. Please ensure that you fully understand the risks involved.