TERMS OF USE

Terms of Use of the FXStreet website and FXStreet Premium service and advice issued in conjunction with the FXStreet website and FXStreet Premium service.

By accessing and using the FXStreet website and/or the FXStreet Premium website (henceforth "Web Site") and accessing and using whatsoever advice issued in conjunction with the Web Site (the "Advice"), you are agreeing to be legally bound by these Terms of Use.

1. General

FOREXSTREET S.L.
Portaferrissa 7, 1r 2a
08002 Barcelona
Catalonia - Spain

Tel. +34 93 304.04.95
Fax. +34 93 304.04.98
N.I.F.: B-62498233

Registered with the Trade Registry of Barcelona: T.33351, F.135, H.B230633, registering date March 9 2001

By using the Web Site, you are representing to FOREXSTREET, S.L., a company incorporated in Spain (henceforth "FOREXSTREET") that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing this Web Site). You may not use the Web Site for any unlawful purpose. FOREXSTREET may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all changes. Therefore, you should read these Terms of Use each time you access the Web Site, before you begin using the Web Site. You may print a copy of these Terms of Use for your reference.

You understand and agree that FOREXSTREET may discontinue or change the Web Site at any time, without notice. You also understand and agree that FOREXSTREET may discontinue or restrict your use of this Web Site for any reason without notice.

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2. Privacy Policy

FOREXSTREET is committed to protecting your privacy. This "Privacy Policy" describes how we collect, store and use information on individuals that use this Web Site.

2.1 FOREXSTREET’s Privacy Pledge

FOREXSTREET complies with the legal requirements set out in the Spanish Personal Data Protection Act 15/1999, of December 13th ("Ley Orgánica de Protección de Datos Personales"). The term "personal data" as used in this Policy refers to information such as your name, e-mail address or mailing address, or any data that can be used to identify you. We ensure that our staff and those acting on our behalf obtain, use and disclose personal information lawfully and correctly.

2.2 Right of information

In compliance with the Spanish Personal Data Protection Act ("Ley Orgánica de Protección de Datos Personales"), FOREXSTREET informs you of the existence of an automated data file for which FOREXSTREET assumes sole responsibility. The referred file has been duly registered with the Spanish Data Protection General Registry.

FOREXSTREET also informs you that the collection and processing of personal data is aimed at providing you with services offered by this website and to send you commercial information on products or services you may be interested in.

FOREXSTREET will store these data as long as it is reasonably necessary to attain the mentioned purposes and in accordance with any applicable legal or ethical requirement.

FOREXSTREET informs you that your data will be stored on a series of servers which have implemented the necessary security measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure and/or access to the above-mentioned data. By submitting us your data you give your express consent to such transfer of data.

2.3 Consent to use information

By using this Web Site, or providing information to us in other formats, you consent to the collection and use of this information by FOREXSTREET. In addition, you are committed to supplying true, complete and accurate information and to keeping it up to date.

2.4 Mandatory and optional information

In order to use our services, users may be asked to fill in a form, which requires providing certain personal information to FOREXSTREET. Unless otherwise provided in those fields expressly marked with an asterisk (*), answers to our questions on personal data are not mandatory. Not supplying the information required in such optional fields shall not represent any decrease of the services and information that we may provide. However, failure to complete those compulsory fields or providing incorrect personal data shall prevent us from providing the requested information or services.

2.5 Rights of access, rectification, cancellation and objection

FOREXSTREET informs you of the possibility of exercising your rights to access, rectify, cancel and object to the processing of your personal data simply by making a written request to FOREXSTREET using the contact form..

Your requests will be dealt with in a prompt and proper manner.

2.6 Security and confidentiality

FOREXSTREET guarantees, in accordance with the terms set out in the Spanish Personal Data Protection Act ("Ley Orgánica de Protección de Datos Personales"), that your personal data will be treated with the strictest confidentiality, and that the server in which these data will be stored and dealt with has implemented the necessary industry-standard security measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to the above-mentioned data.

2.7 Internal, external and survey communications by e-mail to registered users

If you are a registered user of FXStreet, the following conditions apply:

a.Updates notifications: FOREXSTREET will send you sporadic e-mail updates for new features and services that we think may be of interest to you. You can choose not to receive these messages in the future by opting out of these specific notifications in your account settings or by clicking "unsubscribe" when you receive such email.

b.Survey invite: We may send you an e-mail inviting you to participate in user surveys in order to collect feedback of our services. This information will help us to improve our services and products and will not be shared with any third parties. You can revoke these invitations at any time by sending a request using the contact form.

c.Third party communications: The sending of commercial communications containing information on services or products from third parties will only be allowed in respect of users who have given their prior consent. These e-mails will be sent by FXStreet and your data will not be shared with any third parties. Your consent to receive these e-mails may be revoked at any time in your account settings.

2.8 Cookies and spamming

What are cookies?

Cookies are simple text files which are stored on users’ browsers by the websites. Cookies are used to help provide a better navigation experience. They are widely used to make websites work more efficiently for visitors and to provide website owners with traffic information. Cookies cannot carry viruses or install malware. Cookies allow the server to deliver personalized pages for the users. When users load the website, the browser retrieves their previous activity. This allows the browser to keep the user logged in and many other functions that make the navigation more effective.

There are different types of cookies for the different functions. None of them contain personally identifiable data, which means the website doesn’t know the visitor’s name or any personal information by collecting cookies. The users can opt out of all cookie collection at any time.

The types of cookies are:
1.Essential cookies:

Some cookies are strictly necessary for the operation of our websites. Without them, some parts of our websites would not function properly.  These cookies do not track user activity or gather user information.

2.Non-essential cookies:

These cookies are not essential for correct browsing, but help make navigation and collection of user activity information easy and effective.

Functional cookies

These cookies are used to remember visitors’ usability settings and preferences on our websites for optimal navigation. They record information about the choices the user has made, and allow tailoring the website according to the users’ needs. It also saves the users having to reenter information -such as login- each time they enter our websites.

Performance

These cookies are used to monitor the general use of our websites. We use the Google Analytics tool, provided by Google Inc., through which we can monitor how many pageviews, visits and unique visitors we receive. The data collected is used to analyse how the website is found, how many users return, which are the most visited pages, etc. This information is collected via the user IP, but it’s non-personally identifiable, even if the visitor is logged in. The collected data helps us understand which sections of the site are more interesting and performing better and which need improving.

Behavioural advertising

We use cookies to work out which advertising might be most relevant to each user based on the visited sections and IP address geolocation. A trusted third party ad serving provider cookie is stored to effectively deliver relevant advertising throughout our websites and other sites that use compliant ad exchange networks. Although behavioural advertising cookies can track users’ posterior activity, they cannot identify users personally, even if signed in into our website. Without these cookies, the advertising shown will be less relevant to users.

What cookies does FXStreet use?
First Party cookies:

These are cookies hosted by FXStreet itself. These are used to know visitors’ settings within our site, such as:

  • Identifying returning registered users and eliminating their need for logging in each time
  • Identifying users preferences and compatibility for viewing our rates and charts
  • Not showing pop up ads more than once per week
  • Occasional cookies for specific actions, such as surveys, …
Third Party cookies:

These are cookies hosted by different services we use within our site, such as:

  • Social media channels
  • Commenting on FXStreet
  • Delivering ads
  • Tracking user activity
  • Tracking site performance
When do these cookies expire?

Different cookies have different expiration dates. Some are weekly (eg: showing of pop up ad), others have long term expiration dates (site performance tracking).

How can users manage cookies or opt out?

Visitors can opt out of cookies at anytime, but they must be aware this might affect several of our site features, as cookies are needed for the correct site operation. Users have full control of the collection of cookies within their browsers. Some browsers allow blocking some (first/third party) or all cookies. The preferences may also be set according to the user’s privacy settings:
Chrome / Firefox / Internet Explorer / Safari

What happens if users disable cookies?

Disabling cookies would affect the optimal navigation of our websites, as some functionalities would become unavailable. Registered users would have to login in each visit and pop up ads might be shown each time as well.

Updating of cookie policy

Our websites’ cookie policy may be updated at any time. Users are advised to visit this policy when possible.

Spam

We do not send "spam". Spamming is defined as sending unsolicited e-mails, usually of a commercial nature, in large numbers and in a repeated manner, to individuals with whom the sender has had no previous contact or who have declined to receive such communications.

This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the FXStreet website. Any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

Users can set preferences for how Google advertises to them by using the Google Ad Preferences page, as well as opt out of interest-based advertising entirely by cookie settings.

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5. ADDITIONAL LEGAL TERMS

These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of Spain, as if these Terms of Use were a contract wholly entered into and wholly performed within Spain. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding this Web Site and its Content, and supersede any prior or contemporaneous communications between FOREXSTREET and you regarding this Web Site and its Content and Advice.

2.9 IP Addresses

FOREXSTREET logs IP addresses on the Web Site, or the location of your computer on the Internet, for system administration and troubleshooting purposes. We do not use IP address logs to track your session or your behaviour on this Web Site . IP addresses are used to compile general traffic information. We will not attempt to identify individual users through their IP addresses.

2.10 Links to other websites

This Privacy Policy applies only to this Web Site, excluding third party websites, as we may provide links to other websites which we believe may be of interest to our visitors. We aim at ensuring that such websites are of the highest standard. However, due to the nature of the World Wide Web, we cannot guarantee the standards of every linked website or be responsible for their content.

2.11 Updates to this policy

Should FOREXSTREET amend this Privacy Policy in order to adapt it to new legal requirements, we will immediately post the changes on this page so that you are always aware of what information we gather, how we use it, and under what circumstances we disclose it.

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3. Disclaimer of Warranties and Liability

Due to the number of sources from which the Content and the Advice is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and Advice and the Web Site.

THE CONTENT AND ADVICE AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. FOREXSTREET S.L. AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AND ADVCIE AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF, AND FOREXSTREET S.L. HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER FOREXSTREET S.L. NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AND ADVICE AT THE WEB SITE. IN NO EVENT WILL FOREXSTREET S.L., ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR ADVICE OR THE WEB SITE. FOREXSTREET S.L. AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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4. Link to Third Party Sites

This Web Site contains hyperlinks to web sites operated by persons other than FOREXSTREET. Such hyperlinks are provided for your reference and convenience only. You agree not to hold FOREXSTREET responsible for the content or operation of such web sites. A hyperlink from this Web Site to another web site does not imply or mean that FOREXSTREET endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Web Site.

If you wish to make purchases from an area of the Web Site or a "co-branded" web site operated by a person other than FOREXSTREET (a "Co-Branded Site"), you may be asked by the merchant or operator of the Co-Branded Site or other person from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold FOREXSTREET liable for any loss or damage of any sort incurred as a result of any such dealings with any Co-Branded Site or merchant or operator of the Co-Branded Site or other person from whom you are making the purchase. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each Co-Branded Site will contain a description of the site’s privacy policy regarding any personal identifying information you may be required to disclose as part of the purchase.

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5. Additional Legal Terms

These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of Spain, as if these Terms of Use were a contract wholly entered into and wholly performed within Spain. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding this Web Site and its Content, and supersede any prior or contemporaneous communications between FOREXSTREET and you regarding this Web Site and its Content and Advice.

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6. Risk Disclosure

Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.

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7. Live Webinars and Live Analysis Room Privacy Policy

By entering your personal details, you accept that they are shared with the speakers and the sponsors of the Live Webinars and the Live Analysis Room.

You must accept the terms and conditions in order to gain access to the Webinars and Live Analysis Room sessions. FXStreet has a legal agreement with the sponsor and the speaker of the Webinar that allows us to include the attendant information in their database once you register for a specific Webinar. This is the one and only requirement in order to enjoy the Webinars for free.

An FXStreet representative could also contact you from time to time in order to inform you of our last developments on the site and areas which we may feel are of interest and beneficial to you.

FXStreet assures you that your details will be treated under absolute confidentiality and will not be passed on to any third parties, neither by FXStreet nor by the sponsor or the speaker.

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8. Live Webinars and Live Analysis Room Property

The content and recordings of the Live Webinars and of the Live Analysis Room sessions are official property of FOREXSTREET S.L. Nobody outside the FXStreet team is allowed to record the webinars, nor to use or distribute the recordings available on FXStreet. The speaker owns the Intellectual Property on the shared content and these rights have to be respected as well.

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