TERMS & CONDITIONS
Revised: November 19, 2023
Privacy Notice under the EU General Data Protection Regulation
Applicable to current and potential customers and/or subscribers of OurInterest Inc residing in the European Union
The present privacy notice provides information on how we process and protect your personal data under Regulation 679/2016 of the European Union on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).
Who is responsible for processing your personal data?
Company Name: OurInterest Inc. (the "Company"")
What personal data do we collect and process?
We collect and process the following personal data: (a) Your first and last name (b) Your e-mail address (c) Your phone number (d) Your country of residence (e) Data that identifies computers or other devices (e.g. mobile phones) you use to connect to the internet, including your Internet Protocol (IP) address.
Where do we collect your personal data from?
We may collect your personal data:
(a) directly from you in the following cases:
> when you sign up to our platform
> when you register for our webinars
> when you use our website, mobile device applications or our login services
> in any e-mails you may send to us
(b) from our services you use or
(c) from any devices you use to connect to the internet (e.g. computers, mobile phones), to determine where you access our services from.
Why do we process your personal data and on what legal basis?
We process the above mentioned personal data (under 2) in accordance with the provisions of the GDPR for the following purposes:
(a) For the performance of our contractual obligations towards you we process your data in order to provide you with the services you have purchased and/or have registered for, as well as for contacting you in relation to these services whenever this may be required.
(b) For pursuing and safeguarding our legitimate interests We may process your personal data where necessary in order to:
> review, improve and optimize the services we provide to you as well as access thereto, whether through our website or mobile applications
> assert our legal claims and defenses in the event of a legal dispute.
(c) In order to comply with any legal obligation we may be subject to.
(d) On the basis of your consent.
We shall process your personal data if you have given us your consent for the processing for specific purposes, whenever this is required (e.g. by signing up to our platform and/or free webinar and registering your e-mail so that we can send you our newsletters). Consent granted may be revoked at any time by sending us an e-mail at: firstname.lastname@example.org. Such revocation shall only have effect for the future and does not affect the lawfulness of any processing activity carried out on the basis of your consent prior to the revocation.
Who has access to or receives your personal data?
(a) Within the Company, the partners and back-end developers have access to your personal data, in order to provide you with the services you have purchased and/or have registered for.
(b) Outside the Company, your personal data may be transferred to the following persons who are under a duty to maintain the secrecy of your personal information: - e-mail service providers,
> payment service providers for processing your payments,
> customer support service providers and personnel in order to assist you in any matters relating to online access to our services and the use of our website and mobile applications,
> IT specialists employed to maintain our IT systems, for the purposes of ensuring that your personal data is safeguarded,
> law firms and lawyers whenever required, for pursuing and/or asserting our legal claims and defenses in any legal disputes.
(c) Public authorities and/or judicial bodies we may be required to transfer your personal data to, by virtue of law or any order from such authorities of bodies.
Is your personal data transferred to third countries outside the EU?
We may transfer your personal data to third countries outside the EU in the following cases:
(a) Data is transferred to a country where the European Commission has decided that it ensures an adequate level of protection for your personal data.
(b) Appropriate safeguards for the protection of your personal data, have been provided by the recipient.
(c) You have given your consent for the transfer.
(d) The transfer is necessary for the performance of the Company’s contractual obligation towards you.
(e) The transfer is necessary in order for the Company to comply with a legal obligation it may be subject to.
How long do we store your personal data for?
We shall store your personal data for as long you are a client of ours or have an active subscription with us.
We shall also store your personal data for up to 10 years after you cease being a client or after your subscription becomes inactive in order to:
(a) respond to a question you may have or address a complaint you made, and
(b) pursue and/or assert our legal claims and defenses in the event of a legal dispute.
In the event of any legal actions which have not been concluded during the above 10 year period, the said time period may be extended until the issuance of an irrevocable court judgment.
If we are required to keep your personal data for a shorter or longer period of time by virtue of a statutory obligation the above time period shall be shortened or extended accordingly.
After the lapse of the above-mentioned time period, your personal data shall either be destroyed or converted into anonymized data, impeding your identification as a data subject and shall only be used for statistical purposes.
What data protection rights do you have and how can you exercise them?
(a) Right of access:
You have the right to obtain information from the Company concerning what personal data is being processed and where it has been collected from, the purpose of the processing, the time period for which your personal data will be stored, as well as the intended recipients of your personal data.
(b) Right to rectification:
You have the right to request the rectification of your personal data if the data is inaccurate, incomplete or outdated.
(c) Right to erasure:
You have the right to request the erasure of your personal data which the Company stores and processes.
(d) Right to restriction of processing:
You may request the restriction of the processing of your personal data if you contest the accuracy of your personal data, or if the processing is unlawful.
(e) Right to object:
You have the right to object to the processing of your personal data at any time and ask us to stop using your personal data.
(f) Right to data portability:
You may request the transmission of your personal data to any other data controller.
(g) Right to lodge a complaint with the supervisory authority if you believe your personal data is not being protected or used lawfully.
Please note the following concerning the exercise of your rights:
> Requesting the erasure of your personal data, the restriction of the processing as well as objecting thereto, may mean that we may have to cease the provision of our services to you, insofar as the personal data is necessary for the provision of the services.
> We reserve the right to refuse to satisfy your rights under (8c)- (8e) above if the data is necessary to pursue our legitimate interests or if any statutory provisions impede us from doing so.
> The exercise of your rights shall only have effect for the future and shall not affect any processing activities carried out by the Company prior to the exercise of your rights.
> The exercise of your rights is free of charge. In the event that your request is manifestly unfounded or excessive, we may charge a reasonable fee or refuse to act on your request.
> You may exercise your rights under (8a) – (8f) above by sending an e-mail to the address: email@example.com
> We shall use our best efforts to act on your requests within 30 days after their submission. This 30 day period may be extended for 60 more days if the Company deems necessary, taking into account the complexity of the request. We shall inform you if this is the case within the above mentioned 30 day time period.
The MT4 and MT5 platforms are provided through Eightcap and any financial instruments utilized are via their offerings/ discretion. It should be noted that our company doesn't hold client funds and is not a brokerage.
Terms and Conditions
Welcome to Prop Account, LLC! The “Company” provides you (“you” or the “Trader”) with a limited license to use the services (the “Services”) offered by the Company subject to the terms and conditions contained herein (the “Agreement”).
This Agreement is a legally binding contract, and you have a duty to read this Agreement before using the accessing the Services offered by the Company. By using the Services, you are agreeing to the terms and conditions contained within this Agreement.
The Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event The Company replaces, modifies, or amends this Agreement, your continued use of the Services after a change in the Effective Date of said changes will constitute your agreement to any replacement, modification, or amendment to this Agreement.
By using the Services, you represent that you at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third-party, then you represent that you have actual authority to act as an agent of that business entity or third-party, and that you have the right and ability to agree to and bind that third-party or business entity to the terms of this Agreement on its behalf.
You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
The Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for its customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services, the Company Website, whether in whole or in part, without the prior written consent of the Company.
You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the Company or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. The Company reserves all of its rights not expressly granted through this Agreement.
This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the Company.
You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company website.
You are also prohibited from using the Services or the Company website to transmit unsolicited commercial emails to third parties or Traders of the Company. While The Company is not responsible for any such content posted by its Traders and does not have the affirmative obligations to monitor such content, it does reserve the right to remove them.
You are also prohibited from using any trading strategy that is expressly prohibited by the Company or the Brokers it uses. Such prohibited trading (“Prohibited Trading”) shall include, but not be limited to:
Exploiting errors or latency in the pricing and/or platform(s) provided by the Broker
Utilizing non-public and/or insider information
Front-running of trades placed elsewhere
Trading in any way that jeopardizes the relationship that the Company has with a broker or may result in the canceling of trades
Trading in any way that creates regulatory issues for the Broker
Utilizing any third-party strategy, off-the-shelf strategy or one marketed to pass challenge accounts
Utilizing one strategy to pass an assessment and then utilizing a different strategy in a funded account, as determined by the Company in cooperation with Prop Account, LLC at their discretion
Holding a Single Share Equity CFD position into an earnings release pertaining to that underlying equity. To avoid being in breach of this rule, you must close all such Single Share Equity CFD positions by 3:50 pm Eastern Time on the day of the release, if an aftermarket release, or on the preceding day, if a before market open release. Violation of this rule will constitute an immediate, hard breach of your account and any gain or loss on said position will be removed from any profit calculations.
Entering into an Equity CFD at or near the end of the trading day with intent of profiting from the marketing gap between when the market closes and reopens on the subsequent trading day, as determined by the Company in its sole and absolute discretion. [JH1]
Attempting to arbitrage an assessment account with another account with the Company or any third-party company, as determined by the Company in its sole and absolute discretion.
If the Company detects that your trading constitutes Prohibited Trading, your participation in the program will be terminated and may include forfeiture of any fees paid to the Company. Additionally, and before any Trader shall receive a funded account, the trading activity of the Trader under these Terms and Conditions shall be reviewed by both the Company and the Broker to determine whether such trading activity constitutes Prohibited Trading. In the case of Prohibited Trading, the Trader shall not receive a funded account.
Additionally, the Company reserves the right to disallow or block any Trader from participating in the program for any reason, in the Company’s sole and absolute discretion.
The Company does not provide any trader education. The intent of The Company is to identify individuals with a talent for trading. No live trading is provided directly by the Company. Such Traders who pass an assessment offered by the Company shall be allocated capital to trade in a live account under the terms of an agreement with Prop Account, LLC.
Although The Company may provide data, information, and content relating to investment approaches and opportunities to make trades, such data, information and content is provided solely for general informational and educational purposes. The Company does not invite the Trader to take any action based upon any of the information and materials provided on by the Company; you should not construe any such data, information, or content as investment, financial, tax, legal, or other kind of advice.
The Company further does not make any representations that any data, information, and content on the Company website is accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks associated with using any such data, information, and content. As such, you agree not to hold the Company liable for any possible claims of damages that may arise from any decision that you make based upon the use of data, information, and content on the Company website.
While the Company does not provide you with the opportunity to invest actual currency, the Company wants to make sure you understand the risks involved with traditional investing. You should be aware that the risk of trading and investing is high and substantial. It can work for you as well as against you. It may or may not lead to substantial losses. Additionally, past performance is not indicative of future results.
As such, you should carefully consider whether trading and investing is right for you depending on your investment objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor and/or tax advisor.
The account will be personal to You, and You cannot share it with anybody else. You also may not purchase an account on behalf of a third party or have an account purchased for you by a third party. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify The Company.
Traders are limited to one active account per challenge level, absent prior written approval.
Purchases and Refunds
The Company may provide products, services, subscriptions, or access to certain portions to the Company’s website at a monetary cost. Prices and availability are subject to change without notice. The Company may allow for such purchases within its website or via a white label affiliate. It is your responsibility to thoroughly read and understand any such terms and conditions.
By making any such purchases, you agree that the Company has no responsibility and acquires no liability for any claim related to your purchases. Upon the complete purchase of a product, service, subscription, or access to certain portions of the Company website, the Company will make any said product, service, or access will be available to you following the approved transaction.
There are no refunds on any Services purchased from the Company. If you, as a purchaser, are deemed “high risk” by our payment processors we may require you to provide additional documentation or information in order to proceed with the assessment. Failure to provide the requested documentation and information within twenty-four (24) hours of said request may result in your use of and access to the Services being revoked. The documentation and information supplied does not guarantee that this status will be revoked and may still be subject to ineligibility.
The Company will display the guidelines associated with the Services on the Company’s website and via email, upon becoming a Trader. These guidelines, which may change from time to time in The Company’s sole discretion, are incorporated in whole into this Agreement. The Company makes absolutely no promise, guarantee, or warranty, express or implied, as to any promise to future employment as a trader, monetary payments, or any other type or kind of compensation or award for your performance as a Trader.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Company website by the Company, are common law or registered trademarks owned by or licensed to the Company. You are expressly prohibited from using the trademarks of the Company to cause confusion, cause mistake, deceive consumers, or from falsely designating the origin of, source of, or sponsorship of your goods or services. You are further prohibited from using the trademarks of the Company in domain names, keyword advertisements, trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
You acknowledge and agree that the Company’s website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Company’s website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of the Company’s or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of The Company. You cannot modify, distribute or re-post anything on this website for any purpose.
The Company names and logos and all related products and services and our slogans are the trademarks or service marks of the Company or licensed to the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Company Website. Access to the Company website does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, audio clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Company website or any related software. All software used on the Company website is the property of the Company or its suppliers and protected by laws of The United States of America. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Company website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by the Company, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of The United States of America. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Company website is the exclusive property of the Company and is also protected by the laws of The United States of America.
Before deciding to participate in financial markets, you should carefully consider your investment objectives, level of experience and risk appetite. Most importantly, do not invest money you cannot afford to lose.
There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price of the products you are trading.
Moreover, the leveraged nature of over-the-counter trading means that any market movement will have an equally proportional effect on your funds. This may work against you as well as for you.
There are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. The Company is not responsible for communication failures or delays when trading via the Internet. The Company employs backup systems and contingency plans to minimize the possibility of system failure.
Term and Termination
The term of this Agreement will begin when you purchase a Service offered via the Company and will continue until either the Company terminates your access to the Services or you stop using the Services.
The Company reserves the right to terminate the Services or your access to the Company website in its sole and absolute discretion and without prior notice.
Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND COMPANY WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO INFORMATION ON THE WEBSITE AND YOUR USE OF OR ACCESS TO THE SERVICE OR THE COMPANY WEBSITE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SERVICES OR $1,000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless The Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, white label users, and representatives from any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Website; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
Your obligation to defend The Company will not provide you with the ability to control The Company’s defense, and The Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
You acknowledge and agree that any controversy or claim arising out of or related to this Agreement, including any claim or controversy concerning interpretation of this Agreement or your use of this Services, will be settled by arbitration pursuant to the most recently effective commercial arbitration rules of the American Arbitration Association (AAA). This arbitration proceeding will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the AAA. Judgement on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing party. This arbitration will be held in Quebec and both the Company and Trader agree that they will be required to be present in Quebec for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Quebec. The arbitrator will apply the laws of Quebec in deciding any controversy or claim pursuant to this Agreement.
The Company shall not be liable to Trader for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, Trader, or third-party service provider.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company.
In the event that any term or condition of this Agreement is deemed invalid or unenforceable by the court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its Services.
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless said waiver is in writing and signed by the party to be charged.
This Agreement contains the entire agreement between the Company and the Trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.