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Terms & Conditions

1. Provider

The service provider is SnowlyCode s.r.o. registered in the Commercial Register, administered by The County Court of Ostrava Region in Section C.

Entry No. 63100 Identification No. 04299621, registered office at Olomouc, Kateřinská 107/5, Czech Republic (hereinafter the "Provider")

2. Services

The Provider offers the service fxSimulator.com. This service is available at the Internet address www.fxsimulator.com and is designed to simulate trading on forex (foreign exchange) markets.

fxSimulator.com is only a simulator of forex markets and it is not a real platform providing a real purchase or a real sale of currency pairs. All trades in the application are only a simulation. Any profit or loss resulting from trading in the platform is solely a fictional amount and no liabilities and claims arise from them.

3. Registered Users

3.1. Any natural or legal person may become the user of services at fxSimulator.com (hereinafter the "User").

3.2. The service shall be ordered by the User on the basis of a completed and submitted registration form via the Internet.

3.3. By submitting the registration form via the Internet, the User accepts all general terms and conditions as if these conditions were signed in the form of a contract. These general terms and conditions are legally binding in unabridged and up-to-date version that is accessible to the public on web sites www.fxsimulator.com

3.4. The service Provider reserves the right to verify registration data given by the User in the registration form. For the purpose of verification, the User shall proceed in accordance with the instructions specified by the Provider in the verifying email. To use the service in the long term, it is necessary to perform a so-called Activation. The User shall receive information about a successful activation by an email to the provided email address.

3.5. The User shall register to use the service. As a part of the registration the User is prompted to create a password to their customer account. The User shall keep the password confidential and shall not share it with other persons. The User is held responsible for all activities performed from their account. In the case of any suspicion of their password’s abuse or making their password accessible to a third party, the User shall instantly notify the Provider.
In the event of a well-founded concern that the User's account may be abused, the Provider is entitled to block the User's account or as the case may be to prompt the User to change their password. The Provider is not liable for damages that may arise to the User as a result of disclosure or abuse of their password by a third party.

3.6. The Provider is entitled to suspend or abolish the User's registration if the Provider has a reasonable ground to assume that the User breaches the terms and conditions or other mutual agreements. In the case of termination or abolishment of the registration, none of the general terms and condition regarding the User are remain legally binding to the Provider.

4. Price Plans

The service is offered by the Provider using the following price plans:

4.1. Free Plan

Free Plan has limited data and functions according to the up-to-date configuration.

4.2. Pro Plan

Pro Plan has functions according to the up-to-date configuration.

5. Payment Terms

By creating an account on fxSimulator.com, the User is automatically subscribed to a Free Plan and no fees are charged to the User. Should the User choose to subscribe to a Pro

Plan, they have the following options:

  • Paying monthly subscription in the sum stated in the current Pricelist.
  • Paying for a year of subscription in a single payment in the lump sum of a monthly subscription multiplied by twelve.

The User can choose to downgrade or upgrade their price plan at any time. The terms are as follows:

  • Should the User who is currently subscribed to a Free Plan decide to switch to a Pro Plan, the Pro Plan will be effective after the Provider receives a successful payment from the User. The Provider will not impose any setup fees.
  • Should the User who is currently subscribed to a Pro Plan decide to switch to a Free Plan, the Pro Plan will be effective for the remainder of the month that had already been paid for. After said month expires, only then will the User’s pricing plan be downgraded to a Free Plan. The Provider will not impose any cancellation fees.

5.1. PayPal gateway

Shall the User choose to subscribe to a Pro Plan, they will be redirected to the PayPal Payment Gateway and prompted to complete the payment. The Provider isn’t responsible for any fees that PayPal charges for their service.

5.2. Starter Sale

The Starter Sale discount is available for a limited time from 1. 5. 2018 to 1. 11. 2018. Any Pro Plan purchases made during this sale are eligible for the discount price. The terms are as follows:

  • Should the User choose to pay monthly, the following 12 monthly payments are discounted, starting the month of the said purchase.
  • Should the User choose to pay for a year of subscription in a lump sum, this single payment is discounted.

5.3. Paused Account

If any payments fail to be made by the User or a refund initiated, the Provider will pause the User’s account, cancelling their current price plan. Shall the user wish to continue using the Provider’s service, they have to renew their paid plan or subscribe to a Free Plan. The User will be prompted to do so via an automated e-mail that the User will receive to the address they had provided. The Provider will not impose any cancellation or setup fees.

5.4. Refund policy

The User cannot ask for a refund for their Free Plan as no payments have been made to the Provider. If you want refund our service it is mandatory to let us know which transaction and for what time period is it to be.

Shall the User chose to ask for a refund for their Pro Plan, the terms are as follows:

  • The refund has to be issued within 14 days of the original purchase. We recommend contacting us for assistance first if you experience any issues receiving or downloading our products. You can only issue a refund for the ongoing month, any previous months are closed for refundation.
  • The User can request a refund from within the platform options or via PayPal Payment Gate. If the User is applicable for a refund, the Provider will return a full sum of the purchase via means of the original transaction
  • When a refund is initiated, the User’s account becomes paused. (See point 5.3 to see what a Paused Account is).

6. Service Termination

6.1 The service shall be terminated after submitting an account deletion request from the User's profile.

6.2 The User agrees that the Provider is entitled to promptly terminate the provision of services under any of the following conditions:

  • The User shall breach the general terms and conditions,
  • The User shall abuse, block, modify or anyhow change the functions of the Provider's service and/or has attempted to interfere with the stability, operation or the service data.

7. Protection of Intellectual Property Rights

7.1. The Provider is the author of the template, software, application and the service itself.

7.2. The User shall be obligated not to:

  • copy, download and spread any of the Provider's or other Users' content without their permission;
  • interfere with safety services;
  • create false messages for the purpose of falsifying the User's identity or attempting to penetrate accounts of other Users.

7.3. The Provider is entitled to delete accounts with speculative character.

Unless otherwise stated, all rights, the title and interests in and to fxsimulator and all content accessible at fxSimulator including its services in various languages, formats and media as well as copyrights are the exclusive property of the provider of service fxSimulator.

The User is not allowed to use robots, data mining or data gathering, to extract tools and frame and reproduce or sublicense any part of fxSimulator and its content.

The User is not allowed to evade any mechanism and legal regulations for the purpose of unauthorized reproduction or distribution of the content including the services at fxSimulator.com.

8. Additional terms and agreements

8.1. The Provider reserves the right to change these conditions at any time without prior notice:

  • incompatibility of fxSimulator.com with the end device, the User's software or their connection to electronic communications networks;
  • technical inconveniences including errors and connection failures to www.fxsimulator.com.

8.2. The Provider shall attempt maximum functionality and accessibility of the provided services. Nevertheless, regarding technical aspects of the service, the Provider cannot guarantee absolute accessibility of the service. The Provider reserves the right to limit the access to the service for necessary periods of time to perform repairs, maintenance or system upgrade and to implement new system features.

8.3. The Provider shall not be liable for damages resulting from any loss of data or damage to any stored data.

8.4. Shall any errors in the course of registration occur, contact the Provider at support@fxsimulator.com.

8.5. The data is free to use under these circumstances:
Anyone using and/or putting free web products including all or parts of the information taken from the Dukascopy Trading Tools and/or any other data available as free product form Ducascopy Bank's website shall put a clear note to the public that such data are not meant to indicate the actual value at any given point in time but represent a discretionary assessment by Dukascopy Bank SA only. The data source is Ducascopy.com.

8.6. These terms and conditions are valid and effective as of 17.7.2018

Privacy Policy

1. General

1.1 The personal data Controller referred to in Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, General Data Protection Regulation ("GDPR") is SnowlyCode, s.r.o. IČ 04299621 with registered office at Kateřinská 107/5, 779 00 Olomouc, Czech Republic hereinafter referred to as the "Controller".

1.2 The contact information of the Controller are as follows:

address: Kateřinská 107/5, 779 00 Olomouc, Czech Republic
email: info@snowlycode.com
phone: +420728242906

1.3 Personal information means any information about an identified or identifiable natural person; identifiable natural person is a natural person that can be identified directly or indirectly, in particular by reference to a specific identifier such as name, identification number, location data, network identifier, or one or more specific, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

1.4 The Controller does not appoint a Data Protection Officer.

2. Sources and categories of processed personal data

2.1 The Controller handles the personal data you have provided to him/her.

2.2 The Controller handles the personal data that the Controller has received in order to provide license for fxSimulator.com service.

2.3 The Controller processes only your identification, contact details and data needed to perform the contract.

3. Legitimate interests and purpose of processing personal data

3.1 A legitimate interests for the processing of personal data is:

  • a performance of the contract between you and the trustee under Article 6 (1) b) GDPR.
  • the legitimate interest of the Controller in providing direct marketing (in particular for sending commercial communications and newsletters) under Article 6 (1) f) GDPR.
  • Your consent to processing for direct marketing purposes (in particular for sending commercial communications and newsletters) under Article 6 (1) a) GDPR in conjunction with § 7, paragraph 2 of Act No. 480/2004 Coll., of certain services of information company in event that no service has been ordered.
  • Protection of servers from attacks and user accounts from third-party abuse, which is our and your legitimate interest within the meaning of Article 6 (1) f) GDPR.

3.2 The purpose of processing personal data is:

  • providing a license agreement to use fxSimulator service, the exercise of rights and obligations arising from the contractual relationship between you and the trustee requires the personal data necessary for the successful execution of the order (name and surname, home address, e-mail address, bank account, ID and VAT number, IP address of the device from which the application is registered, phone number) are required, the provision of personal data is a necessary requirement for the conclusion and performance of the contract without the provision of personal data it is not possible to conclude the contract or to fulfill it by the Controller.
  • sending commercial messages and doing other marketing activities.

3.3 There are no activities of profiling and automated individual decision-making.

4. Length of data storage period

4.1 The Controller keeps:

  • personal data (10 years after the termination of the contractual relationship) necessary to exercise the rights and obligations arising from the contractual relationship between you and the trustee and the enforcement of the claims of those contractual relationships. Within the legitimate interest, we can address you with the offer of our services for 2 years after the termination of the user account.
  • until consent to the processing of personal data for marketing purposes is revoked, personal data are processed based on consent.

4.2 After the period of time for which data will be stored, the Controller will erase personal data.

5. Recipients of personal data (subcontractors)

5.1 The recipient of personal data is:

  • a person contributing to the provision of services and realization of payments on the basis of a contract.
  • providing services necessary to operate fxSimulator.com.
  • providing marketing services.

5.2 The Controller intends to pass personal data to a third country or an international organization. The recipients of personal data in third countries or an international organization are Mailchimp postal service providers (MailChimp personal data are passed to the US, MailChimp meets EU-US privacy conditions, Privacy Policy), Amazon Web Services cloud services (AWS Data Privacy), Google Analytics and Google AdWords (Data Processing Amendment), Google (Ads Data Processing Terms), LinkedIn (Data Processing Agreement), PayPal (Privacy Policy), Facebook (Data Policy).

6. Your rights

6.1 Under the terms of the GDPR you have:

  • the right to access your personal data under Article 15 of the GDPR.
  • the right to correct personal data under Article 16 of the GDPR or, where applicable, the processing restrictions under Article 18 GDPR.
  • the right to have personal data erased under Article 17 of the GDPR.
  • the right to object to processing under Article 21 GDPR.
  • the right to data portability under Article 20 GDPR.
  • the right to withdraw consent to processing in writing or electronically to the address or email of the Controller referred to in Article III of these Conditions.

6.2 In addition, you have the right to file a complaint with the Personal Data Protection Office if you believe that your privacy has been violated.

7. Privacy Policy

7.1 The Controller declares that he has taken all appropriate technical and organizational measures to safeguard personal data.

7.2 The Controller has taken technical measures to secure data repositories and repositories, where personal data in hard copies are stored, especially data encryption and putting up firewalls.

7.3 The Controller declares that personal data can only be accessed by authorized persons.

8. Other protections of personal data

8.1 We do not process personal data of children or special categories of personal data, so-called sensitive personal data, within the meaning of Article 9 GDPR.

8.2 The processors we have entrusted with processing must meet a high standard of protection and always handle data within the limits of these policies.

8.3 Through the website, we may collect and use technical data and related information, including technical information about a user, system, and application software and peripherals that are collected regularly to facilitate software updates, product support, and other application-related services. We may use this information as long as it is in a form that does not personally identify the user, to improve its products or to provide services or technologies, and only for a necessary amount of time.

8.4 Through our websites, cookies may be stored on your device in accordance with our Cookie Policy.

9. Final Provisions

9.1 By submitting your order via online order form of the service fxSimulator, you acknowledge that you have read and are familiar with the privacy policy and that you accept it in its entirety.

9.2 You agree with these terms by checking the online form. By consenting, you acknowledge that you are aware of the privacy policy and that you accept it in its entirety.

9.3 The Controller is entitled to change these terms. A new version of the privacy policy will be published on our website, and a new version will be sent to an e-mail address you have provided to the Controller.

This Privacy Policy takes effect on May 25, 2018