Privacy

Please read the following terms and conditions carefully before using this Web site or any of our other Web sites. By accessing or using our sites, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use our sites. The following terms and conditions apply to all of our Web sites, including any Web sites owned, operated or sponsored by any of our subsidiaries or affiliates. "Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our Web sites.

1. We Provide Our Web Site For Your Convenience Only

Our Web site is provided to you without charge as a convenience and for your information only. By merely providing access to our Web site content, we do not warrant or represent that:

• the content is accurate or complete;
• the content is up-to-date or current;
• we have a duty to update any content;
• the content is free from technical inaccuracies or typographical errors;
• the content is free from changes caused by third party; and
• your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.

We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

2. We Provide Our Web Site "As Is" and Disclaim All Warranties

Our Web site content is provided "as is" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose.

3. We Do Not Have Responsibility for Links to Third Party Content

We may provide hyperlinks or pointers to other Web sites maintained by third parties or may provide third party content on our Web site by framing or other methods. The links to third party Web sites are provided for your convenience and information only. The content in any linked Web sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.

4. If We Provide a Link, We Do Not Necessarily Endorse A Third Party

We reserve the right to terminate a link to a third party Web site at any time. The fact that we provide a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. It also does not mean that we are affiliated with the third party Web site's owners or sponsors.

5. If a Third Party Links to Our Web Site, It is Not An Endorsement

If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Web site.

A Web site that links to our Web site:

• May link to, but not replicate, our content;
• Should not create a browser, border environment or frame our content;
• Should not imply that we are endorsing it or its products;
• Should not misrepresent its relationship with us;
• Should not present false information about our products or services; and
• Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

6. If You Transmit or Provide Data to Us, It is Non-Confidential

We do not want to receive confidential or proprietary information from you through our Web site. If you transmit to or post on our Web site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy.
You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

7. Your Use of Our Web Site is Restricted

Our Web site and its content are owned and operated by us. Our Web site's content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Web site content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
No content from daytraders.com, or any other Web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, "mirror" any material contained on our Web site on any other server.

The sole exceptions to these restrictions are:

• you obtain written permission from us to waive these restrictions; or
• you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.

Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.
The following is a non-exclusive list of registered trademarks, registered service marks, or trademarks or service marks of DayTraders or its subsidiaries, in the United States and/or other countries or jurisdictions.
To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights that DayTraders has established in its product or service names or logos, all of which rights are expressly reserved.

8. By Providing Content, We Do Not Allow You to Use Our Trademarks

The trademarks, service marks and logos of DayTraders used and displayed on our Web site are our registered and unregistered trademarks. Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Web site should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of DayTraders or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance.

9. Trading Disclaimer and Forward-Looking Information

Trading stocks, options, and other financial instruments involves substantial risk of loss and is not suitable for every investor. The valuation of stocks, options, and other financial instruments may fluctuate, and, as a result, clients may lose more than their original investment. The impact of seasonal and geopolitical events may have a significant impact on trading conditions and prices. The information provided on our website is not intended as financial advice and should not be relied upon as such. Past performance is not indicative of future results.

10. You Must Obey Local Laws in Accessing Our Web Site

This site is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to our Web site content or materials from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations. Any claims relating to our Web site and its content and materials shall be governed by the laws of the State of Delaware without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties' obligations shall be brought exclusively in a federal or state court in Delaware.

11. You are Bound by Changes in this Agreement's Terms and Conditions

We may at any time revise these terms and conditions by updating this posting. By using our Web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current DayTraders Web Site User Agreement and Disclaimers to which you are bound. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of our Web site. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of any other written agreement between DayTraders and its customers or vendors, the express terms and conditions of the latter agreement shall prevail.

12. You Agree to Indemnify Us for Using Our Web Site

You agree to indemnify, defend and hold harmless DayTraders, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

13. Third Parties May Have Rights Under This Agreement

Some of the provisions of this Agreement are for the benefit of DayTraders and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

14. How This Agreement May Be Terminated

This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Web site after you have terminated this Agreement. Provisions 2, 6, 7, 8, 12, 14, and 15 of this Agreement shall survive any termination of this Agreement.

15. Miscellaneous

Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

EU and UK Data Protection Notice

(EU-US DPF Privacy Notice)

DayTraders takes its data protection and privacy responsibilities seriously.

We may amend this notice from time to time to keep it up to date with legal requirements and the way we operate our business. Please regularly check these pages for the latest version of this notice. If we make significant changes to this privacy notice, we will seek to inform you by notice on our website or email ("Notice of Change").

Some DayTraders websites that provide employees and retirees access to personnel and benefits information from the Internet, may provide more detailed privacy or disclaimer notices or policies, in which case they take priority over this notice. To make this Privacy Policy easy to find, we make it available in the footer of every web page where it applies. Employees and others with access to the DayTraders internal Intranet should note that this privacy notice will apply if linked directly from there; otherwise, our internal privacy policies will apply as defined.

You might find external links to third-party websites on our website. This privacy notice only applies to personal data collected on this website and does not apply to your use of a third-party site. We have no influence or control over linked third-party websites and your use of other sites is at your own risk and is subject to their privacy statements and policies.

We collect information about you if you register with or use one of our website(s) we will collect your personal data via the following methods:

• By recording details you provide to us - e.g. in responding to trading account applications, your communications with us through emails or calls, and/or
• By observing your use of our products and services and our website.

Our website uses a tracking technology known as "cookies". These cookies may collect demographic and interest information, which may result in seeing certain interest based information on other websites. For further details on our use of cookies and how you can change the way your browser manages cookies please see our cookie statement above.

We will only collect, use and share your personal data where we are satisfied that we have an appropriate legal basis to do this. This may be because:

• you have consented to us using the personal data for example by signing up to receive communications from us;
• our use of your personal data is in our legitimate interest as a commercial organization (for example our legitimate interests in communicating with you - in these cases we will look after your information at all times in a way that is proportionate and respects your privacy rights and you have a right to object to processing as explained in the LEGAL RIGHTS AVAILABLE TO HELP MANAGE YOUR PRIVACY section below);
• our use of your personal data is necessary to perform a contract or take steps to enter into a contract with you, for example where you apply for a trading account with us or where you are one of our partners; and/or
• our use of your personal data is necessary to comply with a relevant legal or regulatory obligation that we have for example fulfillment of a court order or financial regulations.

We share your information in the manner and for the purposes described below:

1. within DayTraders, where such disclosure is necessary to provide you with our services or to manage our business;
2. with third parties who help manage our business and deliver services. These third parties have agreed to confidentiality restrictions and use any personal data we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us. These include IT service providers who help manage our IT and back office systems;
3. with our regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies;
4. we may share in aggregate, statistical form, non-personal data regarding the visitors to our website, traffic patterns, and website usage with our partners, affiliates or advertisers; and/or
5. If, in the future, we sell or transfer some or all of our business or assets to a third party, we may disclose information to a potential or actual third-party purchaser of our business or assets.

You have a right to request that we provide you with a copy of your personal data that we hold and you have the right to be informed of; (a) the source of your personal data; (b) the purposes, legal basis and methods of processing; (c) the data controller's identity; and (d) the entities or categories of entities to whom your personal data may be transferred.

You have a right to request that we rectify inaccurate personal data. We may seek to verify the accuracy of the personal data before rectifying it.
You can also request that we erase your personal data in limited circumstances where:

• it is no longer needed for the purposes for which it was collected; or
• you have withdrawn your consent (where the data processing was based on consent), and where there is no other legal ground for the processing; or
• following a successful right to object (see right to object); or
• it has been processed unlawfully; or
• to comply with a legal obligation to which DayTraders is subject.

We are not required to comply with your request to erase personal data if the processing of your personal data is necessary:

• for compliance with a legal obligation; or
• for the establishment, exercise or defense of legal claims; or
• for performance of a contract.

You can ask us to restrict your personal data, but only where:

• its accuracy is contested, to allow us to verify its accuracy; or
• the processing is unlawful, but you do not want it erased; or
• it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
• you have exercised the right to object, and verification of overriding grounds is pending.

We can continue to use your personal data following a request for restriction, where:

• we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.

You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:

• the processing is based on your consent or on the performance of a contract with you; and
• the processing is carried out by automated means.

You can object to any processing of your personal data which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.
If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

You can request that we change the manner in which we contact you for marketing purposes.
You can request that we do not transfer your personal data to third parties for the purposes of direct marketing or any other purposes.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
You can ask to obtain a copy of, or reference to, the safeguards under which your personal data is transferred outside of the European Union or the United Kingdom.

We may redact data transfer agreements to protect commercial terms.

You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal data.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.