TERMS & CONDITIONS OF USE

www.tradebench.com ("Web Site")

This Web Site is owned and operated by TradeBench ApS. TradeBench ApS is a limited company (company no. DK-39597896) incorporated in the state of Denmark, Europe. TradeBench ApS and its subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, "TradeBench”, "Web Site”, "we", or "us”) provides services that help people plan, journal and learn from their trades in the financial markets (“Services”).

If you have any questions or comments about the Terms & Conditions stated below, please write to [email protected] with the words “Terms & Conditions” in the e-mail subject line. We appreciate any feedback you may have.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

BY ACCESSING ANY OF THE PAGES ON THIS WEB SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, PLEASE DO NOT USE THIS WEB SITE.

Changes and Alterations to this Web Site

We reserve the right to make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on this Web Site without notice and liability.

Change of Terms & Conditions

We reserve the right to change these terms and conditions at any time, and you agree that each visit you make to this Web Site shall be subject to the current terms and conditions as published on the page you're now reading (www.tradebench.com/terms).

Your Trade Data Is Yours And Yours Only

Your trade data is your data and yours only. We will not share your personal trade data with any third party, not even our sponsors, without your prior consent. Period.

Compatibility

The Web Site is a web based SaaS (Software as a Service) application that works across many browsers and operating systems. It is optimized for desktop web browsers with a screen resolution of 1280x768 pixels or higher. We also do our best to have it work on modern tablets such as the latest generation Apple iPad.

Zero monetary cost for you

TradeBench does not cost money to use. To cover our costs, and thereby what users are not paying, you accept to receive and open maximum 1 sponsored e-mail per month plus liking and following us on Facebook (click "Like" and "Follow") and/or following us on Twitter (click "Follow"). Read more about how we keep TradeBench free.

Users with fake or invalid e-mail addresses will have their user accounts deleted

As providing our trading tools for free is primarily based on sending users a maximum of 1 sponsored e-mail per month as stated in above text and link, we reserve the right to permanently and without notice to delete the account of users using a fake or nonreceiving e-mail address or don't open the e-mails we send or don't, or no longer, follow us on Facebook or Twitter.

What if I no longer want to receive the sponsored e-mails?

In that case you will need to delete your TradeBench user account which can be done on the account settings page. From the date of deletion, you will no longer receive sponsored e-mails nor will you have access to TradeBench as your account and all data in it will be permanently deleted.

Proprietary Rights

Unless otherwise indicated, copyright of/on all pages of this Web Site, including the design, layout, graphics and other design elements, and any contents (excluding your personal and trade data as stated above), information and material contained in and on this Web Site, is owned or licensed by TradeBench. Furthermore, the materials contained in this Web Site are protected by applicable copyright and trademark laws.

No Warranty

This Web Site may contain inaccuracies or typographical errors. The information and materials contained in this Web Site, including all text, graphics, price quotes, asset values, links and any other information and materials, are provided “as is”, without warranty or condition of any kind. Neither TradeBench nor its suppliers warrant the quality, accuracy, reliability, adequacy or completeness of any of such information and material, and expressly disclaims any liability for errors or omissions in such information and material. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from viruses, is given in conjunction with such information and material.

The trading products and services offered on this Web Site are not guaranteed by TradeBench, and TradeBench has no obligations or liability with respect to such products and services. The products and services offered are not insured or recommended by the FDIC or by any other entity, and are subject to investment risks, including possible loss of the principal amount invested.

The information and opinions expressed in pages, comment sections or other forums on this Web Site are not necessarily those of TradeBench or its service providers, sponsors, affiliates, associates, subsidiaries or partners and TradeBench makes no representations or warranties regarding that information or those opinions. Neither TradeBench or its service providers, sponsors, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.

Limitation of Liability

TRADEBENCH WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES INCLUDING AND WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS WEB SITE OR THE USE THEREOF OR INABILITY TO USE THE SAME BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, THEFT OR UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF, DELETION OF, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF TRADEBENCH OR ITS REPRESENTATIVES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Price Quotes, Asset Values, Etc.

Currency conversion, stock quotes, interest rates, and asset values are based on independent third party sources and should be used as guides only. While we attempt to keep these numbers up to date, when you use this Web Site you understand and acknowledge that the rates quoted can contain errors or wrong information and are subject to change at any time without notice and that the posted rates, quotes or values on the site may not in any way reflect the current or historical rates, quotes or values.

No Endorsement or Guarantee of Third Party Websites or The Contents Thereof

This Web Site contains links to and frames of web sites that are not maintained by TradeBench. TradeBench is not responsible for the content of those web sites and cannot guarantee that those web sites will not change without our knowledge. The inclusion of such links and frames in this Web Site does not imply endorsement of such web sites or any content, information, material, products or services provided on such web sites.

Clicking on / Use of any hyperlinks on this Web Site is at your own risk; the content, accuracy, opinions expressed, and other links provided by such other web sites and resources have not been investigated, verified, monitored, or endorsed by TradeBench.

No Advice

The information and material provided on this Web Site should not in any manner whatsoever be regarded or relied upon as the provision of legal, financial, investment, accounting, business or any other form of professional or other advice, and is not intended to be used as a substitute for specific legal, financial or investment advice. Many factors may affect the applicability of any statement, page, comment, document or other information available on this Web Site. You should not act upon the information published on this Web Site without first consulting with a professional advisor that can take into account your specific situation.

Privacy Policy

Privacy Policy: How This Policy Applies

This Policy describes the information we collect from you, how we use that information and our legal basis for doing so. It also covers whether and how that information may be shared and your rights and choices regarding the information you provide to us. We use cookies and similar technologies, as described elsewhere in our Terms & Conditions.

By using the Services offered by us, you’re acknowledging you have agreed to our Terms & Conditions and that you have read and understood this Privacy Policy.

Privacy Policy: What We Collect and Receive

In order for you to create an account on TradeBench and use our Services, we need to collect and process certain information. Depending on your use of the Services, that may include:

Information you provide by completing forms on TradeBench — such as your name, email and trade details, strategy details, broker details, login and password details, etc.. We may ask for this information if you register as a user of the Services, subscribe to our newsletters, upload or submit content through TradeBench, or if you contact us;
Information about your activity on and interaction with TradeBench, including use of any mobile apps we may develop (such as your IP address, the type of device or browser you use, and your actions on the Site);
Information about the people that visit and interact with our Site and how they do so, for example in the form of traffic analytics;
Communications you send to us (for example, when you ask for support, send us questions or comments, or report a problem);
Information that you submit on or to TradeBench in the form of comments, contributions to discussions, or messages to other users.

You may decline to provide us with your information. However, this will limit your ability to register for an account or use our Services. You can at any time remove any form input you have made and all of your user account and trade data through your account settings page.

Privacy Policy: What Third-Party Services Collect

Although we only collect personal information directly from you, we also collect certain categories of information about you and your actions on our Web Site from other sources. In particular third-party service providers (like Google Adwords and Analytics, Facebook, etc) which may provide information about you when you link, connect or share content through/with the third-party provider and they send us information such as profile information from that service, The information varies and is controlled by us, that service provider or as authorized by you via your privacy settings/agreement at/with that service provider.

Privacy Policy: How We Store And Keep Your Personal Information Secure

We store your information on secure servers that are managed by our third-party service providers. Our Web Site hosting is Heroku and Amazon. Personal information that we store or transmit is protected by security and access controls, including username and password authentication, two-factor authentication, and data encryption where appropriate.

Privacy Policy: How And When We Use Or Disclose Personal Information

We use the information we collect for the following purposes: We will use your personal information where this is necessary for purposes which are in our, or third parties, legitimate interests. These interests include: operating the Web Site; providing you with services on the Web Site; verifying your identity when you sign in to any of our Web Site; responding to support tickets, and helping facilitate the resolution of any disputes; updating you with operational news and information about our Web Site and services e.g. to notify you about changes to our Web Site, website disruptions or security updates; sending you marketing material as described elsewhere on the Web Site / here in our terms and conditions, carrying out analysis to determine how to improve the Web Site and services we provide; a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase; monitoring activity on the Web Site, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Web Site; managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Web Site or asking for your feedback or whether you want to participate in a survey; managing our legal and operational affairs (including, managing risks relating to content and fraud matters); training our staff about how to best serve our users; improving our products and services; for any purposes which are required by law such as the purpose of responding to any requests by government, a court of law or law enforcement authorities.

Privacy Policy: European Union Users

Data protection law in Europe requires a "lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Our lawful bases include:

Performing the contract we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver the Services, enable traders to enter and display their trades.
Legal compliance: In the case the law says we need to collect and use your data.
Legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom or interests. For example, we use identity, device, and location information to prevent fraud and abuse and to keep the Services secure. We may also send you promotional communications about our Services or third-party services as described in our Terms & Conditions in exchange for you using our Services at not monetary cost. We analyze how users interact with our Web Site so we can understand better what elements of the design are working well and which are not working so well. This allows us to improve and develop the quality of the online experience we offer each and all our users.

Privacy Policy: Information that isn’t shared publicly

By default, all information you input on our web site, your user profile and trade information are completely private.

Privacy Policy: Information that’s shared publicly

You can choose to share individual trade information and make it public. You can view how such trades look to the public.

Privacy Policy: Links to other websites and services

Our Site may include links to other websites or services whose privacy practices may differ from TradeBench’s. When you use a link to an external site or service, the privacy policy and data processing disclosures for that site or service governs.

Privacy Policy: Retention

We will retain your information as long as your account is not deleted by you or us, as necessary to provide you with the Services or as otherwise set forth in this Privacy Policy. We will also retain and use this information as necessary for the purposes set out in this Privacy Policy and to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements and protect TradeBench’s legal rights.

Privacy Policy: How you can access and delete your personal information

You can access the personal information and trade data you have submitted by logging in to your user account. You can delete the account, all information and trade data you have submitted at any time by deleting your account at the bottom of the account settings page.

Jurisdictional Issues

If you access this site you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Claims

Any claim relating to this Web Site shall be governed by the laws of Denmark.

Questions or Comments

To contact our Data Protection Officer, please email [email protected].

If you have any questions about the Terms & Conditions or Privacy Policy stated above, please write to [email protected] with the words “Terms & Conditions” or "Privacy Policy" in the e-mail subject line. We appreciate any feedback you may have.