OTA TRADE  www.otatrade.com  

Privacy Policy

Last updated: September 09, 2020

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Application means the software program provided by the Company downloaded by You on any electronic device, named OTA TRADE OTA Trade

• Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.

• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to OTA TRADE, San Francisco, CA 94107.
  For the purpose of the GDPR, the Company is the Data Controller.

• Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• Country refers to: California, United States

• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

• Personal Data is any information that relates to an identified or identifiable individual.
  For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
  For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

• Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.

• Service refers to the Application or the Website or both.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Website refers to OTA TRADE, accessible from www.otatrade.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.

We use both session and persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies
  Type: Session Cookies
  Administered by: Us
  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

• Tracking and Performance Cookies
  Type: Persistent Cookies
  Administered by: Third-Parties
  Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.

• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

• With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation

• Protect and defend the rights or property of the Company

• Prevent or investigate possible wrongdoing in connection with the Service

• Protect the personal safety of Users of the Service or the public

• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

• Google Analytics
  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
  You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
  You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy
  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

• Firebase
  Firebase is an analytics service provided by Google Inc.
  You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy
  We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245
  For more information on what type of information Firebase collects, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

• Google Analytics
  Their Privacy Policy can be viewed at https://policies.google.com/privacy?hl=en

Email Communications, Newsletters, and Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

• Twilio
  Their Privacy Policy can be viewed at https://www.twilio.com/legal/privacy

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.

• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.

• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.

• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.

• Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.

• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.

• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.

• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

CCPA Privacy

Your Rights under the CCPA

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:

• The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.

• The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.

• The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” section or web page.

• The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:

  • The categories of Personal Data collected

  • The sources from which the Personal Data was collected

  • The business or commercial purpose for collecting or selling the Personal Data

  • Categories of third parties with whom We share Personal Data

  • The specific pieces of Personal Data we collected about You

• The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.

• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by:

  • Denying goods or services to You

  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties

  • Providing a different level or quality of goods or services to You

  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us or visit our “Do Not Sell My Personal Information” section or web page.

The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.

Do Not Sell My Personal Information

We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law.

If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.

Website

You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

• From Our “Cookie Consent” notice banner

• Or from Our “CCPA Opt-out” notice banner

• Or from Our “Do Not Sell My Personal Information” notice banner

• Or from Our “Do Not Sell My Personal Information” link

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.

Mobile Devices

Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:

• “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices

• “Limit Ad Tracking” on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: support@tradetoolsupport

• By visiting this page on our website: www.otatrade.com

User Agreement, Terms, and Conditions

www.otatrade.com is operated by OTA TRADE (Online Trading Academy or OTA, referenced as COMPANY) Your access to or use of www.otatrade.com website constitutes your agreement to the following terms and conditions:

These are the terms and conditions on which you may use the www.otatrade.com website, COMPANY’s mobile and other online services (which we call ”COMPANY Content”). These terms apply to your use of www.otatrade.com and all COMPANY Content irrespective of the delivery platform or device you use to access it. By accessing www.otatrade.com you agree to these terms and conditions.

If you do not agree with the terms and conditions (or are not authorized to do so on behalf of your business or work) you should not use www.otatrade.com or any COMPANY Content and should cancel any subscription in accordance with your cancellation rights (see Section 4 below). If you have any questions, please contact support@tradetoolsupport.com. We recommend that you print and save a copy of these terms and conditions for your records.

Except where we state otherwise in Section 4, references in these terms and conditions to ”COMPANY” (or ”we”, ”us” or ”our”) refer to the company operating www.otatrade.com. See Section 15 below for details.

1.  NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE.

The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by COMPANY or any third party. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

2.  NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE

Stock and Options involve risk and are not suitable for all investors.  Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options (PDF). Copies of this document may be obtained from your broker or from any exchange on which options are traded.

The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by COMPANY or any third party. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

3.  DISCLAIMERS OF WARRANTIES AND LIABILITY

THERE MAY BE OMISSIONS OR INACCURACIES ON THIS WEBSITE, AND YOUR ABILITY TO ACCESS THIS WEBSITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. COMPANY MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS WEBSITE, AND ALL REPRESENTATIONS OR WARRANTIES ARISING FROM CUSTOM OR USAGE OR BY OPERATION OF LAW.

COMPANY ACCEPTS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR THE CONSEQUENCE OF RELYING OR ACTING UPON, INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY THIRD-PARTY SITE ACCESSED THROUGH THIS WEBSITE. ANY RISK OF VIRUSES OR OTHER FORMS OF ELECTRONIC CONTAMINATION REMAINS, AT ALL TIMES, WITH THE USER OF THIS WEBSITE. COMPANY HAS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS OR THE CONSEQUENCE OF RELYING OR ACTING ON INFORMATION AVAILABLE THROUGH THIS WEB SITE OR ANY SITES AVAILABLE THROUGH THIS WEB SITE.

IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CLAIMS FOR DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE ON THIS WEBSITE.

4.  SUBSCRIPTION SERVICES

We offer subscription services through www.otatrade.com and recommend that you read fully for more details and before purchasing a subscription.

TYPES OF SUBSCRIPTION

Unless you purchase a subscription to use www.otatrade.com then your usage rights will be limited. You may obtain broader usage rights by purchasing a www.otatrade.com subscription. COMPANY reserves the right to vary the amount of content and types of service that it makes available to different categories of user which mean that we may increase or reduce the content and services that are only available to paying subscribers holders from time to time.

CONTRACT FORMATION:

COMPANY will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us, and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. COMPANY reserves the right to reject any offer in its discretion, for any or no reason.

PAYMENT DETAILS:

When you subscribe you must provide us with complete and accurate payment information. By submitting payment details, you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently canceled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case, we will contact you. If you buy a subscription using a corporate credit card, then we will treat your subscription as being for the benefit of both you and the relevant company.

PRICING:

The subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription. For certain subscriptions, you can take out either an annual or monthly (or other frequency we offer) subscription. Other subscription services may only require a one-off payment. You can also take out any other fixed term or payment frequency that we may offer from time to time. COMPANY will charge you in British Pounds Sterling, United States Dollars, Euros, Singapore dollars, Australian dollars, Hong Kong dollars, Swiss Francs or Japanese Yen depending on the service and your country of residence. You may also have to pay any applicable local taxes.. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

PRICING ERRORS:

If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices, then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

OTHER COSTS:

In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing www.otatrade.com or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

TRIALS:

We may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the trial period. No more than one trial per subscriber is allowed in any twelve-month period.

RENEWALS:

If you choose to pay monthly, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. Please see the “Cancellations by you” section below for details of how to cancel your monthly subscription. If you choose to pay annually, unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment methods that you previously used. We will notify you in advance of any changes to the price of your subscription that will apply upon renewal.

CANCELLATIONS BY YOU AND REFUNDS:

Unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then-current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then-current subscription period. You may notify us of your wish to cancel your subscription by contacting our Customer Services team at support@tradetoolsupport.com.

CANCELLATIONS BY US:

COMPANY reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing www.otatrade.com, the COMPANY Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

WHO YOUR SUBSCRIPTION CONTRACT IS WITH:

If you buy an www.otatrade.com subscription only or other subscription service or if you buy a COMPANY Bundled subscription (i.e., www.otatrade.com subscription and another subscription together serviced by COMPANY) then you will be contracting with Newport Exchange Holdings, Inc., whose principal place of business is at 17780 Fitch, Irvine, CA 92614.

5.  OUR RESPONSIBILITIES TO YOU

A SUMMARY OF WHAT THIS SECTION MEANS:

This section is important, and you should read it carefully. It makes clear to what extent, if any, COMPANY accepts responsibility (liability) to you for your use of www.otatrade.com or the COMPANY Content or in respect of any third-party products or services that we refer to or link to on www.otatrade.com. Unless you are a subscriber to OTA TRADE, we accept no financial responsibility to you arising from your use of www.otatrade.com or the COMPANY Content. If you are a subscriber to www.otatrade.com, we limit our financial responsibility to you arising from your use of www.otatrade.com or the COMPANY Content to the price you paid for your subscription. In no circumstances do we accept responsibility for your use of Third-Party Sites or in respect of any Third-Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on www.otatrade.com. By Third Party Products we mean products or services provided by third parties.

Limitations of COMPANY Content: the COMPANY Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the COMPANY Content, including UGC and any other content provided by third parties and distributed by www.otatrade.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by COMPANY. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) www.otatrade.com are your own responsibility and entered into at your own risk. Any information that you receive via www.otatrade.com, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.

KEY TERMS:

COMPANY WILL WORK TO DEVELOP AND OPERATE www.otatrade.com WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF www.otatrade.com, AND THE COMPANY CONTENT.

www.otatrade.com AND THE COMPANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT COMPANY DOES NOT MAKE ANY PROMISES IN RESPECT OF www.otatrade.com OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH www.otatrade.com OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM www.otatrade.com. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. COMPANY ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF www.otatrade.com AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT www.otatrade.com IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF www.otatrade.com AND ALL COMPANY CONTENT. WITHOUT LIMITING THE ABOVE, COMPANY IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. COMPANY DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES.

LIMITATIONS OF LIABILITY:

YOU AGREE THAT IF WE ARE IN BREACH OF THESE TERMS AND CONDITIONS, WE WILL ONLY BE RESPONSIBLE TO YOU FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF www.otatrade.com OR THE COMPANY CONTENT (TO THE EXTENT THAT COMPANY’S LIABILITY IS NOT OTHERWISE EXCLUDED BY THIS SECTION 4) AS FOLLOWS:

• IF YOU INCUR ANY LOSS AS A RESULT OF USING www.otatrade.com OR ANY COMPANY CONTENT OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS, COMPANY ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR THIS.
• IF YOU HAVE PAID FOR A SUBSCRIPTION, THEN COMPANY ACCEPTS RESPONSIBILITY (LIABILITY) TO YOU FOR ANY DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF www.otatrade.com OR THE COMPANY CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, SUBJECT TO A LIMIT EQUAL TO THE PRICE PAID BY YOU TO COMPANY FOR YOUR SUBSCRIPTION DURING THE YEAR IN WHICH YOU INCUR THE THAT GAVE YOU ACCESS AT THE TIME YOU INCURRED THE DAMAGE. YOU MAY AT YOUR OPTION RECEIVE A RENEWAL TO YOUR SUBSCRIPTION FREE-OF-CHARGE AT THE POINT OF RENEWAL, IN PLACE OF MONETARY DAMAGES.
• IF YOU HAVE NOT PAID FOR A SUBSCRIPTION, THEN COMPANY ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF YOUR USE OF www.otatrade.com OR THE COMPANY CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

THE LIMITATIONS OF LIABILITY IN THIS SECTION 2 APPLY FOR THE BENEFIT OF COMPANY, ITS AFFILIATES, INCLUDING THOSE LISTED IN SECTION 1 AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS.

TO THE FULL EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD-PARTY CONTENT AND DATA SUPPLIERS HAVE NO LIABILITY WHATSOEVER TO YOU IN RESPECT OF ANY OF THEIR DATA SUPPLIED TO YOU AS PART OF THE COMPANY CONTENT.

YOU ALSO AGREE TO WAIVE, TO THE FULL EXTENT PERMITTED BY LAW, ANY RIGHT YOU MAY HAVE TO BRING LEGAL CLAIM AGAINST SUCH THIRD PARTIES ARISING FROM YOUR USE OF THEIR CONTENT OR DATA ON ANY COMPANY SERVICE.

6.  LINKS AND THIRD PARTY CONTENT.

This website provides links to other websites. These links are provided for convenience and informational purposes only, and not for purposes of making any endorsement or recommendation. You should be aware that when you select a link on the COMPANY website, you may be leaving the website. The information available on other websites may have certain restrictions on its use or distribution. Users should make themselves aware of such restrictions. COMPANY is not responsible for, nor has it developed or reviewed, the content of those sites, and does not make any warranty, express or implied, as to the accuracy, usefulness or timeliness of such information. In addition to links, other third-party content may be available on this website. The views expressed are solely those of the author of the article, and do not necessarily reflect the views of the COMPANY; the information presented is not intended to constitute investment advice or recommendations to purchase, sell or hold securities of any company, but is intended to educate website users concerning the use of options, and the information presented is based on particular events that may or may not recur in the future.

7.  PROPRIETARY INTERESTS.

Information available on this website is owned, licensed or controlled by COMPANY or third parties who have permitted COMPANY license of its use. All trademarks, copyrights, trade names, service marks, logos or other identifying features used on this website are property of their respective owners. Information may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. Information may be viewed and printed for personal, non-commercial purposes. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

COMPANY does not permit unauthorized linking to or framing of this website. Any third party interested in creating a link or framing content from this website is required to submit a signed Linking, Framing and Content Sharing Agreement setting forth the terms and conditions by which such activities are allowed. COMPANY reserves the right to refuse to agree to any such request and also reserves the right to disable any unauthorized link to or framing of this website. COMPANY does not accept any responsibility for information available through any other website because of any unauthorized linking or framing activity.

8.  USER GENERATED CONTENT

www.otatrade.com includes discussion forums and blogs that allow interaction between users and between users and COMPANY staff (Forums). The information posted to these forums or blogs by users is “User Generated Content” or “UGC”.

If you wish to view or participate in a Forum, then you must comply with any specific rules posted on the Forum. You will retain ownership of the copyright in any of your UGC that you or we publish on www.otatrade.com so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting COMPANY a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on www.otatrade.com or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have regarding the UGC.

You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.

You agree that you will:

• only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
• not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or another form of unsolicited communication.
• not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party, or which otherwise have the purpose of affecting the price or value of any share or other investment.
• not post, link to, or otherwise publish any UGC that is threatening, abusive, libelous, indecent or otherwise unlawful.
• not disguise the origin of any UGC and not impersonate any person or entity (including COMPANY employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
• not post or otherwise publish any UGC unrelated to the Forum or the Forum’s topic.
• not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of www.otatrade.com or any computer software or equipment.
• not collect or store other users’ personal data.
• not restrict or inhibit any other user from using the Forums.

The Forums contain UGC submitted by users over whom COMPANY has no control so we cannot, therefore, guarantee the accuracy, integrity, or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue, or offensive.

It is not possible for COMPANY to fully monitor all UGC published on www.otatrade.com but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from www.otatrade.com and act accordingly. If you believe that any UGC published on www.otatrade.com infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at info@otatrade.com.

9.  CHANGES TO AND VIOLATIONS OF TERMS OF USE.

COMPANY reserves the right to change the terms and conditions of this User Agreement at any time. Any such change will become effective immediately upon publication to this website.

10.  PRIVACY.

Your expectations of privacy are important. Please carefully read our separate Privacy Policy.

11.  USER OBLIGATIONS.

Any person accessing or using this website has the following obligations: (a) to provide accurate information; (b) to comply with all applicable laws and regulations; (c) not to introduce into this website, or any network or equipment supporting it, any virus, worm, harmful code, Trojan horse, or other disabling device, (d) not to attempt to interfere with or disrupt the website, or any network, and/or other equipment supporting it; (e) not to attempt to gain improper access to or otherwise interfere with any system or network connected to the website; and (f) not to use the website to send or otherwise distribute junk mail, spam, chain letters, or other unsolicited materials for mass distribution. Any violation of these obligations is grounds for denying a user access to and use of this website, in addition to any other available remedies.

12.  INDEMNIFICATION.

User agrees to indemnify and hold harmless COMPANY and its affiliates and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any noncompliance by user with the terms and conditions hereof; or (b) any third-party actions related to user’s receipt and use of the information, whether authorized or unauthorized.

13.  GENERAL.

COMPANY uses software programs and other tools to monitor traffic on this website to identify unauthorized attempts to upload or change information, or otherwise cause damage to the integrity of the website. COMPANY reserves the right to terminate access to this website, with or without notice, either generally or with respect to one or more particular IP addresses or Internet sites. COMPANY reserves the right to pursue all available remedies for any violation of these terms and conditions. If any clause of this User Agreement is declared invalid, that clause shall be deemed severable and shall not affect the validity or enforceability of the remainder.

14. Brokerage integration with TD Ameritrade

TD Ameritrade, Inc. (“TD Ameritrade”) has entered into a Marketing Partner Agreement with OTA TRADE (“Marketing Representative”) whereby TD Ameritrade compensates Marketing Representative for recommending TD Ameritrade as an executing broker. The existence of this Marketing Partner Agreement should not be deemed as an endorsement or recommendation of Marketing Representative by TD Ameritrade and/or any of its affiliated companies. Neither TD Ameritrade nor any of its affiliated companies is responsible for the privacy practices of Marketing Representative or this website. TD Ameritrade does not warrant the accuracy or content of the products or services offered by Marketing Representative or this website. Use of this website and its services and/or products is the decision of and at the discretion of the individual or entity choosing this service and/or product. TD Ameritrade makes no guarantees or warranties of any kind of the products or services offered by Marketing Representative or by or through this website and shall have no liability, therefore.

15.  CHOICE OF LAW AND JURISDICTION.

These terms shall be governed by the laws of the State of California without regard to its conflict of law provisions, and User agrees to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California.

16.  CORPORATE INFORMATION

OTA Trade is the publisher of the www.otatrade.com website, and its corporate address is 17780 Fitch, Suite 200, Irvine CA 92614.

17.  CHANGES TO TERMS AND CONDITIONS

These terms and conditions were published on August 25,2023 and replace with immediate effect any previous terms and conditions.