ETALE WEBSITE

Privacy Policy

Date of Last Revision: July 19, 2019

As used herein, “Website” refers to the website located at www.etale.org, its affiliate sites, subdomains, mobile versions and any associated applications and programs, including but not limited to, Etale’s Signature Server Management, defined below, that are owned and/or operated by Etale, Inc. and its subsidiary companies (collectively, “us”, “we” or “Company”). By using the Website, you indicate your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you are not permitted to access the Website and you should not do so.

We reserve the right to change or otherwise update this Privacy Policy at any time. Such changes or updates are effective immediately after we give notice of the change or update, which we may do by revising the “Date of Last Revision” of this Privacy Policy or by otherwise posting on the Website, or by email or mail, and/or by any other means which provides reasonable notice. Your use of the Website after such notice is posted means that you accept these changes or updates. You agree that Company shall not be liable to you for any damages that might result from any changes to the Privacy Policy, if any.

POLICY FOR MINORS

The Website is intended only for individuals of at least the age of Majority (18 in most states of the United States; older in some jurisdictions). If you do not satisfy this age requirement, you are not permitted to use or enter the Website.

PARENTS PLEASE READ: We do not permit those under the age of 18 (or older in some jurisdictions, if the age of Majority is older) to participate on or enter the Website without your express consent.

No information should be submitted to or posted on the Website by any Minor (a user under 18 years of age, or older in some jurisdictions, if the age of Majority is older). Unless otherwise disclosed during collection, we do not knowingly provide any personally identifying information about Minors, regardless of its source, to third parties, nor is this information knowingly used by us for any marketing or promotional purposes. Minors are not allowed to participate in contests or sweepstakes on the Website. If you do not satisfy this age requirement, you are not permitted to use or enter the Website.

INTRODUCTION

This Privacy Policy explains the following:

  • What information we collect about you and why
  • How we use information about you
  • How we store and process information about you
  • When and how we communicate with you
  • Use of Cookies/IP addresses
  • Third Party Sites
  • How you can opt-out from receiving communications from us
  • Legal Information
  • How to contact us

WHAT INFORMATION WE COLLECT ABOUT YOU AND WHY

We understand and respect your desire for privacy. To that end, we would like you to know how we use the personal information you provide to us:

  • We (both directly and through third parties) collect personally identifying information when you register for and use the Website. This personally identifiable information may include, without limitation, your name, zip code and email address.

  • We may also collect non-personally-identifiable information (your IP address or domain, or about your trading activity such as orders placed, cancellations and trades) both directly and through third parties, including through the use of Web beacons, for purposes of Website administration and to compile aggregate information about usage of the Website.

  • You may be asked for your credit card information and Application Program Interface Keys ("API Keys") in connection with the products and services provided by the Website or our third party providers. Your API Keys are used to enable trading on a variety of exchanges in digital assets. Your credit card information and API Keys, along with the personal identifying information you submit, is stored in the Website database for payment, not deleted and never provided to any third parties, except to third party financial institutions to verify the credit card numbers and to authorize the processing of the transaction. Customer order flow, positions, risk and trade information are absolutely confidential and not subject to disclosure; provided, however that aggregate statistics, including, for example, total volume routed, distribution of order/trade sizes and algorithm performance (including “slippage” or “implementation shortfall”) may be used and published to analyze and improve system performance. Be sure to review all privacy policies published by our third party providers and contact them directly if you have questions as they may have privacy terms that differ from our Privacy Policy. If you have enabled User Signature Server Management, for security purposes, we will never ask for your API Secret Keys to our APIs or third party APIs, including exchanges, or any private keys associated with digital assets. If you have enabled Etale’s Signature Server Management, Etale shall acquire and manage your signature server.

  • Etale's Signature Server Management. You hereby grant Etale authorization to use your API Keys via our private network on a world-wide, non-exclusive, revocable and limited basis according to the terms and conditions set forth in the Terms of Service Agreement. Your API Keys will only be provided to third party financial institutions to verify the credit card numbers and to authorize the processing of the transaction. Etale shall use industry standard security measures to secure your API Keys. You must promptly report any security breaches or intrusions that you discover to Etale in writing via email to admin@etale.com. You will work with Etale to immediately correct any such breach, and you will make no public statements (i.e. press, blogs, forums, etc.) without prior written and express permission from Etale in each instance. Upon request, you have the option to switch to User Signature Server Management at any time.

HOW WE USE INFORMATION ABOUT YOU

We collect personal information from users of the Website in order to provide users with a personalized online experience. We may share the personal and aggregate information we collect with our affiliates and other sites operated by and for us.

On a confidential basis, we may also share personal information with our corporate affiliates or consultants, or with third parties that perform a particular service on our behalf (such as general administration purposes for the Website). If all or part of Company is sold, merged or is otherwise transferred to another entity, the information you have provided on or through the Website may be transferred to such entity as part of that transaction.

We may also disclose personal information in response to legal process, such as a request by law enforcement, a court order or subpoena, or to protect the integrity of the Website if we believe that a user has committed unlawful or otherwise harmful acts (for example, but without limitation, content you have posted may be defamatory).

With the permission of users, information submitted at the time of registration or submission may be used for marketing and promotional purposes by us.

HOW WE STORE AND PROCESS INFORMATION ABOUT YOU

We will hold information about you on our systems indefinitely, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Website, once an account is deleted, we will not use the information about you other than for administrative purposes. Nonetheless, it stays on the system indefinitely for administration purposes.

WHEN AND HOW WE COMMUNICATE WITH YOU

We may use the information we collect to contact you by mail, email, and telephone (including automated calls, and by SMS text messages and other multimedia electronic messages such as picture messaging) so as to contact you:

  • to provide you with important account-related information regarding this Website;  
  • in relation to the functioning of any services you have signed up for in order to ensure that we can deliver the services to you;
  • to provide you with further information;
  • in relation to any contribution you have made to the Website, e.g. on our message boards;
  • to invite you to participate in surveys about our services;
  • for marketing purposes subject to any elections that you have made in this respect;
  • about a submission you have made to the Website, including any content you provide.  

We will not send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your service provider may impose a charge on any messages that you receive.  Please check with your service provider for details.  

USE OF COOKIES AND IP ADDRESSES

Cookies

In cyberspace, cookies are pieces of information that a website transfers to an individual's hard drive for record-keeping purposes.

Cookies make Web surfing easier for you by saving your passwords, purchases and preferences while you're online. The use of cookies is an industry standard. You'll find them at most major websites.

We use cookies to help us see which areas are popular and which are not. This helps us to target ads based on user interests, and also improve and update the Website based on such information as total number of users and pages viewed. This information is most easily tracked with cookies.

A cookie allows us to store the personal preferences that you set during each visit to the Website, which in turn allows us to speed up your future activities at the Website. Similarly, the stores hosted by the Website usually use cookies to track which products or services you've chosen to purchase while shopping. Letting cookies do the record keeping saves you the trouble of entering information over and over again. If you have registered and created an account on the Website, an identifying cookie will be placed on your computer. During future visits to the Website, we will only read and retrieve information that we set in a cookie during an earlier visit to the Website.

Most browsers are initially set to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Website will not function properly if you do so.

IP Addresses

An IP address is a number that is automatically assigned to your computer by your Internet service provider whenever you log on to the Web. Web servers automatically identify your computer by its IP address, so when a user requests pages from the Website, our servers log the user's IP address. The IP addresses of our users are collected only for the purposes of system administration and to report aggregate information to our corporate affiliates or consultants, or with third parties that perform a particular service on our behalf. We do not combine IP addresses with any personally identifying information, nor do we compile any session activity reports by IP address.

THIRD PARTY SITES

Information over the Internet and other websites

We have implemented appropriate safeguards to help prevent unauthorized access, maintain information security and to make proper use of the information that we collect. However, no transmission of information over the Internet is guaranteed to be completely secure. Thus, while we strive to protect your personal information, we cannot absolutely guarantee the security of any information you provide to us.

The Website may contain links to other sites. Please be aware that Company is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave the Website and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Website.

HOW YOU CAN OPT-OUT FROM RECEIVING COMMUNICATIONS FROM US

You will be given the opportunity to opt-out of receiving marketing information at the point when your details are collected.  All promotional information from us will come with instructions on how to opt-out from receiving further information in the future.

You can tell us not to contact you or share information with third parties either at initial registration or later through updates.  We may occasionally contact you about products and services we feel may be of interest to you.  This contact will come from us (or our agents or joint venture partners) and only if you have indicated that you do not object to these offers.  If you would prefer to no longer receive marketing-related messages from us, or if you would prefer that we not share personal information about you with any of our joint venture partners, then you may opt-out of receiving messages from us or from our future sharing of information about you by following the “unsubscribe” instructions in the latest such message you have received. We will endeavor to comply with your request as soon as reasonably practicable.  Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or products or services offered through this Website.  

Please note that if you opt-out as described above, we will not be able to remove personal information about you from the databases of joint venture partners with which we have already shared personal information about you (i.e., to which we have already provided personal information about you as of the date that we implement your opt-out request).  If you wish to cease receiving marketing-related messages from such joint venture partners, please contact such joint venture partners directly or utilize any opt-out mechanisms set out in their respective privacy policies or marketing-related messages.  

LEGAL INFORMATION

Your California Privacy Rights

The “Shine the Light” Law which went into effect on January 1, 2005, is a California privacy law that allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.

As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the user’s permission. Whenever a user agrees to allow us to collect personal information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by emailing us at admin@etale.com.

Because the Website has a comprehensive privacy policy and provides you with details on how you may opt-in or opt-out of the use of your personal information by third parties for direct marketing purposes, we are not required to provide you with the third party list.

International Users

This Website is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer and to our use of that information in accordance with this Privacy Policy. When you provide personal data to us or our service providers or vendors, you consent to the processing of your data in the United States as the Website is operated in the United States.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.  

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES.  HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.  TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

Disclaimer

We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee, nor do we represent, that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential, or punitive damages, or other loss suffered by you and relating to the use or release of your personal information, including but not limited to, your API Keys.

CONTACT

If you have any questions or concerns about our Privacy Policy or its implementation, you may contact us at admin@etale.com or Etale, Inc., 300 Park Avenue, New York, NY 10022.

© 2019 – Etale, Inc.  All Rights Reserved.

3043085 v1
16813.00007