Last Updated: April 19, 2016
Your use of the Genesis Trading Site is governed by the version of the Terms of Service in effect on the date of use. Genesis may modify the Terms of Service at any time and without prior notice. By using and accessing the Genesis Trading Site, you acknowledge and agree to review the most current version of these Terms of Service prior to each such use. Your continued use of and access to the Genesis Trading Site constitutes your acknowledgement of, and agreement to, the then current Terms of Service. Please also note that the provisions of these Terms of Service are in addition to any other agreements between you and Genesis, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Genesis Trading Site.
Genesis reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Genesis Trading Site and/or to suspend and/or deny access to the Genesis Trading Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Genesis Trading Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Genesis does not undertake any obligation or responsibility to update or amend any such information. Genesis may discontinue or change any product or service described in or offered on the Genesis Trading Site at any time without prior notice. Genesis further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Genesis Trading Site at any time and for any reason. You agree that Genesis and its affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Some of our services, and certain pages of the Genesis Trading Site, are available only to clients or users who have been authorized by us to access those services and web pages. Such authorization may require, among other things, satisfactory background information screening.
Unauthorized use of the Genesis Trading Site and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of Genesis’ systems and/or any restricted areas of the Genesis Trading Site, misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Genesis Trading Site in any manner that could damage, disable, overburden, or impair the Genesis Trading Site or service or interfere with any other party’s use and enjoyment of the Genesis Trading Site or service. You may not attempt to gain unauthorized access to the Genesis Trading Site or any service, computer systems or networks connected to the Genesis Trading Site, through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from our Site. You agree that you will not engage in any activities related to any Genesis Trading Site that are contrary to these Terms of Service and/or any applicable laws or regulations. You agree to notify us immediately in the event that you learn or suspect that the security of your password may have been compromised. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us at [email protected]
Disclaimer of Warranty and Limitation of Liability
THE INFORMATION, PRODUCTS AND SERVICES ON THE GENESIS TRADING SITE ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. GENESIS DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND/OR SERVICES PROVIDED ON THE GENESIS TRADING SITE AND/OR YOUR USE OF THE GENESIS TRADING SITE GENERALLY, OR FOR ANY PARTICULAR PURPOSE, AND GENESIS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GENESIS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, GENESIS CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER GENESIS, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY (COLLECTIVELY, THE “GENESIS PARTIES”), WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF ANY GENESIS TRADING SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING ANY GENESIS TRADING SITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREBY AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF ANY GENESIS TRADING SITE OR THE MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF GENESIS OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.
IN NO EVENT WILL GENESIS OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF GENESIS OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. GENESIS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE GENESIS TRADING SITE.
All right, title and interest in the Genesis Trading Site and all content contained herein is the exclusive property of Genesis, except as otherwise stated. Unless otherwise specified, the Genesis Trading Site is for your personal or internal business use only. You may print, copy and download limited amounts of information and content from the Genesis Trading Site; provided that it is solely for your personal or internal business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Genesis Trading Site, except for the purposes expressly provided herein, without Genesis’ prior written approval. If you copy or download any information or software from a Genesis Trading Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
Genesis, the Genesis logo, and other Genesis trademarks and service marks referenced herein are trademarks and service marks of Genesis. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Genesis or the applicable third party rights holder.
User Submitted Information
As a user of the Genesis Trading Site, you may be permitted to post certain user submitted content on various portions of the Genesis Trading Site. For the purposes of this Agreement, all content, information and materials posted, uploaded, submitted, published or otherwise displayed through a Genesis Trading Site shall be referred to as “User Submitted Content”. You are solely responsible for all User Submitted Content that you post, upload, submit, publish or otherwise display through a Genesis Trading Site. You expressly acknowledge and agree that all User Submitted Content will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Not contain any content that is inaccurate, harassing, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Not promote or solicit the purchase or sale of any product, security, financial asset or investment unless such communication is expressly permissible under the Securities Act of 1933 and all other applicable laws and regulations;
Not contain any software viruses, worms or other programs that may interfere with the functionality of the Genesis Trading Site or with any user of the Genesis Trading Site;
Not infringe any intellectual property or other proprietary rights of any party;
Not contain any information that you do not have a right to upload under any law or under contractual or fiduciary relationships;
Not pose or create a privacy or security risk to any person;
Not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and/or
Contain material that, in the sole judgment of Genesis, is objectionable or restricts or inhibits any other person from using or enjoying the Genesis Trading Site and/or which may expose Genesis or its users to any harm or liability of any type.
Genesis reserves the right to investigate and take appropriate legal action against anyone who, in Genesis’ sole discretion, violates the terms of this Agreement regarding User Submitted Content, including without limitation, by removing the offending User Submitted Content from the Genesis Trading Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities without notice.
Use of Links
Third Party Content
Certain portions of the Genesis Trading Site may contain unedited or third party content, including, without limitation, User Submitted Content. All User Submitted Content and all other postings, messages, text, images, links to third-party websites or other materials published on or otherwise made available by parties other than Genesis (such content, the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content and Genesis may not monitor and does not control such Third Party Content, although Genesis reserves the right at all times (but will not have an obligation) to remove any Third Party Content. By using this Third Party Content, you agree to not rely on the Third Party Content and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that Genesis makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any user. Your use of such Third Party Content may be subject to the terms of service or user agreement of such Third Party Content provider
Claims of Copyright Infringement
Copyright Complaints: Genesis respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Genesis in accordance with the procedure set forth below.
Genesis will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be sent to:
General Counsel, Genesis Global Trading
636 Avenue of the Americas, 3rd Floor
New York, New York 10011
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Genesis Trading Site, with enough detail that we may find it on the Genesis Trading Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
None of the information contained in the publicly accessible portions of the Genesis Trading Site constitutes a recommendation, solicitation or offer by Genesis or its affiliates to buy or sell any securities, futures, options, digital currency or other financial instruments or other assets or provide any investment advice or service. The information contained in the Genesis Trading Site has been prepared without reference to any particular user’s investment requirements or financial situation. The information and services provided on the Genesis Trading Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Genesis is not authorized to provide such information or services. Some products and services described in the Genesis Trading Sites may not be available in all jurisdictions or to all clients.
Indemnity and Release
You agree to release, indemnify and hold Genesis harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Genesis Trading Sites. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Choice of Law; Arbitration
The Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in the City of New York, New York. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. If for any reason any provision of this Agreement, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between us and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between Genesis and you with respect to the subject matter hereof. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
Last Updated: April 29, 2016
Genesis’ Policy applies to current and former Genesis clients and any other users of the Genesis Trading Site. The term “Personal Information” refers to non-public information that personally relates to or identifies you as an individual or entity.
Please note that, in the event of a change in policy, a revised Policy will promptly be posted to the Genesis Trading Site. You agree to accept posting of a revised Policy electronically on the Genesis Trading Site as actual notice to you. Any dispute over our Policy is subject to this notice.
How and Why We Gather Information
When you sign up to participate on a Genesis Trading Site, you may be asked to provide information such as your full legal name, address and date of birth, along with other personal information that is required to verify your identity and fulfill our legal and regulatory requirements. This information will also be used to transact your business and communicate with you. From time to time, we may request additional information to help us further assess your needs and preferences.
Types of Information We Collect
The information we collect and maintain about you is provided during the course of your entering into transactions with private issuers who have engaged Genesis to provide certain services in the context of a private securities, digital currency or other financial asset transaction or trading through Genesis. This Personal Information, not available publicly, comes from the following sources:
Information you provide to us when you fill out account opening documents, complete a form or make a request for services, including your name, address, age, Social Security number and/or taxpayer identification number, investment objectives, investment experience, assets and liabilities and/or income details and confidential documentation used to verify those details, telephone number, e-mail address and similar information; and
Information from your transactions with us, such as your sale proceeds or investment amount.
How We Protect Your Information
Keeping Information Safe
We limit access to the Personal Information you provide us to those employees who need access to that information in order to provide you with services related to the transactions you are entering into through the Genesis Trading Site. In keeping with industry standards and practices, we maintain appropriate physical, electronic and procedural safeguards, and controls designed to protect your Personal Information.
We have invested in software, systems and procedures aimed at offering you a safe and secure transaction environment and protect your personal, financial and historical transaction information. While no security system is absolutely impenetrable, we plan to constantly review, refine and upgrade our security technology as new tools become available.
The Importance of Being Accurate
We have security standards and procedures in place designed to prevent unauthorized access to your Personal Information. A key part of this process helps ensure that the Personal Information we have about you is accurate and up-to-date. If you ever discover inaccuracies in our data or if your Personal Information changes, we urge you to notify us immediately. We only use your Personal Information as appropriate to provide you with quality services and to ensure security. For example, we may use the information collected from you to verify your identity and contact information. We may also use this information to establish and set up your trading account and maintain your trading information. This information helps us improve our services to you.
An Ongoing Commitment to Your Privacy
We are just as committed to protecting the privacy of our former clients as we are our current clients. If you choose to become an inactive client, your Personal Information will continue to be protected by the privacy policies and principles described in the then-current version of this Policy. Should you close your account with us, Genesis will retain your information for regulatory compliance, internal record-keeping and other legal purposes.
How Information Helps Both You and Us
Information about you and your accounts plays a key role in our ability to service our clients and administer our business. For example, we use information about you to:
Respond more accurately and efficiently to your requests for assistance; and
Secure your accounts and help protect you and Genesis from fraud.
Sharing Your Information with Unaffiliated Third Parties
We Limit the Sharing of Information
To protect your privacy, we limit the sharing of your Personal Information outside of Genesis. We conduct our business with great respect for the confidential nature of the information being provided. We will not share Personal Information about you except as outlined below:
To help us provide our services to you and/or to improve our services, we engage qualified and reputable third parties to help us to carry out certain functions such as account processing, client services and/or data collection relevant to our business. For example, in each case where you enter into a financial transaction through the Genesis Trading Site, we share your Personal Information with third party service providers in order to perform regulatory-required background checks, with certain technology providers to facilitate document execution, and with third parties that perform transaction execution and clearing services on your behalf. Pursuant to our agreements with these service providers, their ability to use your Personal Information is specifically limited to the service being provided.
To the extent that you upload Personal Information and sign transactional documentation via the Genesis Trading Site in connection with a securities, financial asset or other transaction, we may share your Personal Information and the documentation that you execute with the parties with which you are transacting.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.
Genesis may share information with our affiliates if the information is required to provide the services you request. An affiliate is a company that we own or control, or with which there is common ownership with us.
Genesis also reserves the right to disclose your personal information where required by law to regulatory, law enforcement or other government authorities, including during routine regulatory examinations. We may also disclose your information as necessary to credit reporting or collection agencies, or when necessary to protect our rights or property.
Reviewing, Changing or Correcting Information
Third Party Sites
Privacy and the Internet
The following additional information will be of interest to you if you access a Genesis Trading Site and/or one of its affiliates’ products or services through one or more of our websites:
Users of the Genesis Trading Site are required to identify and authenticate themselves prior to accessing our services. Generally, identification and authentication take place through the use of your user name and a password.
The Genesis Trading Site is built upon an infrastructure with multiple layers of protection, including physical security of our equipment to system intrusion detection capabilities. Within such site, we use industry standard encryption technologies to help safeguard your information.
Security is a cooperative effort between us and the users of the Genesis Trading Site. Please remember that your user identification and password are personal to you and should not be made available to any other person. Also, you should discontinue their use and notify us if you have any reason to suspect that someone else may be using them.
Web surfing data (e.g., information regarding which of our web pages you access, the frequency of such access, and your product and service preferences) may be collected by Genesis, or by our service providers. This may be accomplished by using cookies, Web beacons, page tags or similar tools that are set when you visit our website. Web surfing data and similar information may be shared internally within Genesis and used: for administrative purposes; to assess the usage, value and performance of our online products and services; to improve your experience with our websites; and as otherwise permitted by applicable law or regulation. If you are a Genesis client, this information helps us suggest products or service offerings that may be of interest to you. This information may be processed by us for the purposes described above, or on our behalf by Third Party Services, solely in accordance with our instructions.
Do Not Track Signal
Third Party Data Collection
We may authorize certain third parties, including, without limitation, Google Analytics, Chartbeat and Mixpanel, to track usage and collect information about users and their activities on the Genesis Trading Sites.