Terms and Conditions of Use

YOUR ACCESS TO AND USE OF MAXOUT TRADING AND MATERIALS ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE MAXOUT TRADING SOFTWARE (THE “SOFTWARE”) YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU AGREE THAT YOU WILL NOT ACCESS OR USE THE SOFTWARE, AND YOU UNDERSTAND THAT YOU ARE PROHIBITED FROM ACCESSING ANY MATERIALS PROVIDED BY MAXOUT TRADING.

 

1.                    GENERAL

You are solely responsible for your use of the Software. You agree that you will not use the Software unless you have the capacity to form a binding contract with Maxout Trading. Please read these Terms and Conditions of Use (“Terms”) carefully before accessing or using any Software or Documentation provided by Maxout Trading, Inc. (also referred to as “we” or “us”), or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives.

We may revise these Terms by updating these Terms and or communicating with you regarding the updates via the contact information we have on record for you. Your continued use of the Software after such revisions have been communicated to you indicates your acceptance of all such revisions.

The Software is not intended for or directed towards children under 18 years of age. By accessing or using the Software, you affirm that you are over the age of 18.

While this Software is intended to be used as an extension to DAS Trader trading platforms, Maxout Trading is not a partner or affiliate of DAS Trader. Maxout Trading has no authority to bind DAS Trader, or to alter any of the terms and conditions by which you use their trading platform. Any demonstration videos which are created by Maxout Trading are only intended to demonstrate how you can connect the Maxout Trading Software with DAS Trader, and are not endorsed or authorized by DAS Trader in any way.  Please refer all Software support issues related to the Maxout Trading Software directly to Maxout Trading, and not to DAS Trader. In addition, DAS Trader has the right to terminate any extension to its trading platform at any time, including Maxout Trading’s Software.

2.                    WE ARE NOT AN INVESTMENT ADVISOR

Maxout Trading is not an investment, financial, tax, or legal advisor or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. We do not recommend the purchase of securities nor do we promise or guarantee any particular investment results. We simply automate trades which you wish to make. You understand and acknowledge that there is a very high degree of risk involved in trading securities, in particular with the trading of futures and options, and in trading penny stocks. You acknowledge and agree that you, and not Maxout Trading, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You acknowledge that we encourage you to seek the advice of a qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. Maxout Trading assumes no responsibility or liability for your trading and investment results, and you agree to hold us harmless for any such results or losses.

Any news, articles, columns, methods, techniques, information, content, indicators, strategies, and all other features (“Informational Content”) are provided for informational and educational purposes only and should not be construed as investment advice. Informational Content may also include tutorial videos about how to use the Software.  In many cases, Informational Content is authored and owned by third parties and are publicly available. You should conduct additional independent research on your own. Past results of any company, individual trader, trading system or method available through the Software are not indicative of future returns by that company, trader, system or method and are not indicative of future returns which may be realized by you. Accordingly, you should not rely on the Informational Content in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. You are solely responsible for your own trading decisions, and nothing in the Informational Content is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax advisor to determine the suitability of any investment.

Depending on your broker platform and the commissions that may or may not be charged by your broker, day trading may generate substantial commissions, even if the per trade cost is low. Day trading involves aggressive trading, and generally you will pay commissions on each trade. Day trading on margin or short selling may result in losses beyond your initial investment.  The total daily commissions that you pay on your trades will add to your losses or significantly reduce your earnings.

 

3.                    SUBSCRIPTION AND PAYMENT

In order to use the Software, you will need an active subscription to one of the DAS Trader trading platforms (http://www.dastrader.com).  You may also use the Software with the DAS Trader Real Time Simulator. You are responsible for purchasing one of these platforms and for the monthly payments to DAS Trader.  These costs are in addition to the cost of the Software and are not collected by or shared with Maxout Trading.

In addition, you will need to pay a recurring, monthly API connection fee to DAS Trader (currently, in the amount of $100 per month, but subject to DAS Trader’s discretion to modify). This cost is in addition to the cost of the Software and are not collected by or shared with Maxout Trading.  You will also need to fill out an API connection form and have it approved by DAS Trader.  Maxout Trading will assist you in completing these steps.

When you purchase a subscription to the Software from Maxout Trading, you are authorizing us to charge the payment card you provided through Paypal for the fees associated with your subscription(s), and you authorize us to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. We may at any time change any of its pricing, or institute new charges or fees. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms. During the term of your subscription, you agree to update all payment card information changes.

Your subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term.

If you cancel or terminate a subscription, you acknowledge and agree that any refunds will be in our sole discretion. Your obligations hereunder, including your obligation to pay amounts owed to us under these Terms for use of or access to our services or materials, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Software.

You are responsible for the payment of any taxes associated with the purchase of services or materials from Maxout Trading.

In connection with your subscription to the Software, we do not make any warranty regarding the continuation of any current features or functionality or delivery of any future functionality or features, or any specific content or frequency of update to the Software or Informational Content.

 

4.                    YOUR RESPONSIBILITIES AND ACCEPTABLE USE POLICY

Throughout the time you are using the Software, you agree:

a.       You will be responsible for establishing the route to place orders in the DAS Trader trading platform, and the route must be compatible with the broker you are using.  In the event the route is not properly established, your orders will be rejected.  (You can confirm the route is operational by checking whether trades are being executed through DAS Trader); 

 

b.        You will be responsible for ensuring that you have the appropriate minimum balances available in your brokerage account to execute the trades which you select within the Software.  Maxout Trading requires no less than a minimum balance of $25,000 in your brokerage account, but you are responsible for determining the proper balance to execute your trades. Maxout Trading is not responsible for trades which cannot be executed or which are only partially executed or which are rejected by your trading platform or broker due to inadequate funds;

 

c.        You will be responsible for setting the limits in your trading platform or brokerage account, and for mirroring those same limits in the Software.  This may include the maximum total shares that can be traded in one day, the maximum shares held in each position, the maximum shares for all positions, the number of symbols that can be traded at one time, your maximum unrealized loss, the maximum order size for each market order, the maximum order size for each limit order, and other similar limitations. Failure to set these settings may result in no limits being placed on trading strategies that you make, and may cause the Software to execute strategies which you provide without reference to these limit values. Maxout Trading is not responsible for trades which are executed, partially executed or which cannot be executed by your trading platform or broker due to your failure to use or your improper use of these limit values;

 

d.       You will be responsible to ensure that you own enough shares for the strategies you wish to place; otherwise, your order(s) will be rejected and this may cause a delay in executing your strategy as the Software is processing orders being rejected;

 

e.       You acknowledge that, when running a short strategy and the stock is on SSR, a strategy may be rejected when orders are not able to be placed at or below the last traded price.  In such an event, this could lead to potentially getting a rejected order and causing the cancellation of the strategy, leaving an open, unmanaged position in the market.


f.         You acknowledge that the Software uses Market orders to exit when Stop Loss is hit.  As a result, when trading a strategy during Pre-Market or After-Hours and your Stop Loss price is hit, the strategy will NOT exit the position because only Market orders result in an exit of the position.  This is due to the fact that the Software relies on Market orders to exit positions, which are restricted by most brokers to only be used during Market hours. In such cases, the position will be left open and will need to be manually managed. If you are placing strategies during Pre-Market or After-Hours, we highly recommend that you monitor your strategy closely, and assume that the Software is no longer managing the position once a Stop Loss is hit during Pre-Market or After-Hours trading.


g.         You acknowledge that the software will automatically close all strategies one minute before the market closes at the latest, which is 3:59 EST. If user defined the auto exit time before the defaulted time strategies will exit earlier.

 

h.       You acknowledge that in the event the Software is disconnected from your DAS Trader trading platform, or if DAS Trader terminates the Software’s ability to connect to the trading platform, the Software will no longer be able to automate your trading strategies, and that you will be required to manually execute any trades you wish to execute;

 

i.        That the content, materials, services and other intellectual property contained or embodied in the Software are owned by Maxout Trading and are protected by patent, copyright, trademark and other similar laws;

 

j.         You will not access the Software using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;

 

k.         You will not upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;

 

l.        You will not solicit login, account or other personal information of another person or request or obtain access to an account of another person;

 

m.         You will not use the Software in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the U.S. Securities and Exchange Commission, and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;

 

n.      You will not facilitate or encourage any violations of these Terms;

 

o.        You will not make any defamatory, disparaging or false statements, claims or allegations related to the Software, Maxout Trading, or any other product or service of Maxout Trading;

 

p.        You will not make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;

 

q.        You will not use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;

 

r.        You will not copy, distribute or disseminate the Software or any portion thereof, and not to transfer the Software , or any portion thereof, to another person or “mirror” the Software, or any portion thereof, on any other server;

 

s.         You will not decompile or reverse engineer, or attempt to decompile or reverse engineer, the Software or any portion thereof; and

 

t.         You will not take any other action that could result in any damage or disruption to the Software, or that could otherwise result in any liability, damages, costs or expenses on the part of Maxout Trading.

 

Violating any of the aforementioned will result in immediate removal from Maxout Trading and forfeits your right to request a refund.

 

 

5.                    INTELLECTUAL PROPERTY, HYPERLINKS & LINKS TO OTHER WEBSITES

Software, Informational Content and any other content made available by Maxout Trading, along with the copyrights, trademarks, service marks and other intellectual property rights in such content, are the property of Maxout Trading and/or its third-party licensors or providers unless otherwise specifically stated. The Software is the subject of a patent which is currently pending issuance, and Maxout Trading reserves all rights related thereto. You may access and use such content solely for your own personal and non-commercial use. Maxout Trading or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Your modification or use of such content other than modification or use expressly permitted hereunder is a violation of our intellectual property rights and can subject you to legal liability.

The Software may contain links to third-party websites. The fact that we provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third-party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit.

 

6.        SECURITY

Use of the Software requires you to input your login credentials for DAS Trader.  The Software also utilizes and receives your input regarding the strategies you set up for trading.  Please see our Privacy Policy for more information, and for disclosures on what information we collect, and how we store, access and use that information.

No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. Maxout Trading makes no assurances regarding the security of your information.

Maxout Trading shall have the right to use and disclose any information provided by you through the Software, or other products or services of Maxout Trading (including but not limited to information provided through e-mail) or made available through your use of the Software, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefor of Maxout Trading. In no event shall you be entitled to any compensation for the use of any of such information. Please see the Privacy Policy for further details. You consent to our collection, use and disclosure of information associated with the Service in accordance with our Privacy Policy.

 

7.                    DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SOFTWARE, INFORMATIONAL CONTENT, AND ANY RELATED PRODUCTS, TOOLS, OR SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. MAXOUT TRADING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE SOFTWARE AND INFORMATIONAL MATERIAL.

 

8.                    LIMITATION OF LIABILITY

MAXOUT TRADING WILL NOT BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE SOFTWARE, DOCUMENTATION OR INFORMATIONAL CONTENT, OR ANY OF THE THIRD-PARTY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR MADE AVAILABLE THROUGH THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MAXOUT TRADING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF MAXOUT TRADING FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $1,000 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR MATERIALS OR SERVICES (INCLUDING SUBSCRIPTIONS), DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.

 

9.                    INDEMNIFICATION

As a condition of your use of the any of the Software, Documentation and Informational Content, you agree to defend, indemnify and hold Maxout Trading and its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) your violation of these Terms, including failure to comply with your responsibilities or the acceptable uses set forth in Section 4 above; (b) your use or reliance upon any of the Software or Informational Content; (c) your violation of the rights of any third party, or (d) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to defend, indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Software.

 

10.                TERM AND TERMINATION

Except as otherwise specified herein, these Terms commence on your first use of any of the Software or Information Content and shall continue until you cease to use the Software or Informational Content, or your subscription, if any, expires or has been terminated, whichever is later.

Maxout Trading may terminate your access to and use of the Software and Informational Content at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by Maxout Trading shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Software, Documentation or Informational Content after termination or notification of the same.

 

11.                MISCELLANEOUS

The laws of the State of California, without reference to conflicts of law rules, govern the Terms and any dispute of any sort that might arise between you and Us. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Maxout Trading, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.

ALL DISPUTES WITH MAXOUT TRADING ARISING IN ANY WAY FROM OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.

ANY SUCH DISPUTE SHALL NOT BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM, AND SPECIFICALLY, WITHOUT LIMITATION OF THE FOREGOING, SHALL NOT UNDER ANY CIRCUMSTANCES PROCEED AS PART OF A CLASS ACTION. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE ARBITRATOR, WHOSE AWARD MAY NOT EXCEED, IN FORM OR AMOUNT, THE RELIEF ALLOWED BY THE APPLICABLE LAW AND THE LIMITS OF THIS AGREEMENT.

The arbitration shall be conducted by one arbitrator and administered by JAMS in Orange County, California.  The arbitration shall be conducted in accordance with the then existing Comprehensive Arbitration Rules & Procedures published by JAMS (the “Rules”). If the parties are not able to agree upon the selection of an arbitrator within thirty (30) days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by JAMS in accordance with the Rules.  In all cases, the arbitrator shall be a retired judge or attorney with no less than fifteen (15) years of experience, who in either case is experienced with cases involving software-as-a-service and software licensing agreements. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of California, without reference to its choice of laws principles, shall govern the interpretation of the License and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision.

For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant Maxout Trading its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, and Maxout Trading shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000 (“Large Claim") shall be determined according to Rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.

Advice of Counsel. EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.

 

12.                Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.

 

13.                Entire Agreement

You agree that these Terms constitute the entire, complete and exclusive agreement between you and Us regarding the Software and the products and services of Maxout Trading, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. The provisions of these Terms shall survive any termination thereof indefinitely.

 

14.                Waivers

Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

15.                Questions?

Questions about these Terms and Conditions of Use should be addressed to support@maxouttrading.com. Questions about billing and payment should be addressed to support@maxouttrading.com.

IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS, PLEASE EXIT THE SOFTWARE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SOFTWARE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS.



PRIVACY POLICY

 

The Maxout Trading website is intended to provide you with information about the Maxout Trading Software and to allow you to purchase a subscription if you wish to do so. If you purchase a subscription, we will collect certain basic data which is only to be used to facilitate the purchase of your subscription.

 

WHEN YOU VISIT THE SITE

When you visit Maxout Trading website, our web server identifies the IP address of your computer. Our webserver may also collect information about the type of browser, operating system and system configuration that you use. This is done on an anonymous basis and is only intended to allow you to view the site on your browser. However, we do not access that information. We do not use cookies to track your usage of the website. We do not share this information with any third party, and we do not use this information to serve up any advertisement. [JS1] 

 

PERSONAL DATA WE COLLECT WHEN YOU SUBSCRIBE TO THE SOFTWARE

In order to facilitate your subscription to the software, we collect only the following basic information, which is personally-identifiable information: (1) Your First Name; (2) Your Last Name; (3) Your Phone Number; (4) Your Address; (5) Your Email Address; and (6) Your Password. We also collect your PayPal Account information so that we can bill the subscription amount.

We refer to all of this information as "Personal Data."

 

USE OF PERSONAL DATA

We use your Personal Data to initiate your subscription and confirm your ongoing subscription status to use the Maxout Trading Software. Your PayPal Account information is used to bill you for your subscription. We may also use the Personal Data to contact you, update our Terms of Use or this Privacy Policy, to let you know about other important updates, help you with product support, provide you with any updates to the Software, or to provide you with marketing and sales efforts initiated by Maxout Trading only. We do not use your Personal Data for any other reason, and we will not sell it or share it with any third party.

 

DELETION AND CORRECTION OF PERSONAL DATA

By contacting us at support@maxouttrading.com you can:

·          Find out the details of any Personal Data we hold about you.

·          Correct or update that Personal Data.

·          Request that we delete that Personal Data. Deleting that information will terminate your subscription to the Software.

When we no longer need your Personal Data for our purposes, we will destroy, delete or erase that Personal Data or convert it into an anonymous form.

 

SECURITY OF YOUR PERSONAL DATA AND USER CONTENT

We value the information that you share with us, and consequently, your Personal Data is password-protected and its availability is limited to persons who have a need to know. All of the data and other content which you own related to your trading positions, trading and other financials accounts, trading platform and your brokerage account passwords are only stored on your local computer, so you are responsible for the security of this data. We do not access this data. Maxout Trading has no ability to secure the data which is stored, input or populated by you and retained in the Maxout Software located on your local computer. Maxout Trading therefore cannot ensure the security of your data if your local computer is access by unauthorized parties.

 

CALIFORNIA RESIDENTS: CALIFORNIA PRIVACY RIGHTS

These additional disclosures for California residents apply only to individuals who reside in California:

The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of “personal information” under the CCPA includes your name, but also more general information such as age.

Notice of Collection: We have listed the only information we collect above under “Personal Data We Collect When You Visit the Site.” We do not collect any other information.

No Sale of Data: We do not sell your Personal Data or share it with any third party, and your Personal Data is only used to facilitate your subscription to the Software and for the uses stated above under “Use of Personal Data.”

Right to Know and Delete. If you are a California resident, you have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

·          The categories of personal information we have collected about you;

·          The categories of sources from which the personal information was collected;

·          The categories of personal information about you we disclosed for a business purpose or sold;

·          The categories of third parties to whom the personal information was disclosed for a business purpose or sold;

·          The business or commercial purpose for collecting or selling the personal information; and

·          The specific pieces of personal information we have collected about you.

·          To exercise any of these rights, please email us at support@maxouttrading.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days.

 

DO NOT TRACK DISCLOSURE

Like most website operators, we collect information of the sort that web browsers and servers typically make available, such as your IP address, your browser type, information regarding your internet service provider or the type of device you used to access this website, language preference, pages visited, and the date and time of each page request. Some of this information may be considered Personal Data under applicable laws.

We may access this data only to determine how users are interacting with our website. We do not send or share this information with advertisers.

At this time, our site does not respond to Do Not Track beacons sent by browser plugins as there is not yet a common agreement about how to interpret Do Not Track signals from browsers. Additionally, if you navigated from or navigate to other websites from our site, we may collect the address of those websites.

 

YOUR EU PRIVACY RIGHTS

If you are a resident of the European Economic Area (EEA), you have the right to: (a) request access to your Personal Data and rectification of inaccurate Personal Data; (b) request erasure of your Personal Data; (c) request restrictions on the processing of your Personal Data; (d) object to processing your Personal Data; and/or (e) the right to data portability (collectively, “EU Requests”).

We can only process EU Requests from a user whose identity has been verified. To verify your identity, please provide your email address when you make an EU Request. For more information about how to get access to Personal Data and for exercising your rights, please email us at support@maxouttrading.com and include the following in the subject line: “I am an EU resident and would like to exercise my individual rights”. You also have the right to lodge a complaint with a supervisory authority. To view additional information about behavioral advertising and manage your preferences, you can do so by visiting: http://www.youronlinechoices.eu/.

Here is a summary of your rights:

·          Access. You have the right to obtain from us confirmation if your Personal Data is being processed and certain information in this regard.

·          Rectification. You have the right the request the rectification of inaccurate Personal Data and to have incomplete data completed.

·          Objection. You have the right, when we process Personal Data on the grounds of legitimate interests, to object to the processing of your Personal Data for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing. In addition, you have the right to object at any time where your Personal Data is processed for direct marketing purposes.

·          Portability. You may receive your Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit them to other data controllers without hindrance. This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.

·          Restriction. You may request to restrict processing of your Personal Data if (i) you contest the accuracy of it – for a period we need to verify your request; (ii) the processing is unlawful and you oppose the erasure of it and request restriction instead; (iii) we no longer need it, but you tell us you need it to establish, exercise or defend a legal claim; or (iv) you object to processing based on public or legitimate interest – for a period we need to verify your request.

·          Erasure. You may request to erase your Personal Data if it is no longer necessary for the purposes for which we have collected it, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, the processing is unlawful, or erasure is required to comply with a legal obligation.

 

·          Right to Lodge a Complaint. You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, or the location where the issue that is the subject of the complaint occurred.

 

RETENTION OF PERSONAL INFORMATION

We will only keep your Personal Data as reasonably necessary to fulfill the purposes for which Personal Data is collected as stated in this Privacy Policy and for as long as is necessary for the subscription to the Maxout Trading Software, or to comply with legal and statutory obligations, including for tax purposes.

When we no longer need your Personal Data for our purposes, we will destroy, delete or erase that Personal Data or convert it into an anonymous form.

 

REQUIRED DISCLOSURE

We reserve the right, and you hereby expressly authorize us, to share Personal Data: (i) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims; (ii) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person or property; (iii) if we believe it is necessary to investigate, prevent, or take action regarding significant abuse of the Software; or (iv) to protect and defend our legal rights or property, our services or their users, or any other party, and to protect the health and safety of our users or the general public.

 

CONTACT US

If you have questions about exercising any of those rights or their applicability to any of our particular processing activities or have questions about any data transfer mechanism or want a copy thereof, you may contact us at support@maxouttrading.com.

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