Information Collected by ProsperityFX. The categories of non-public personal information which ProsperityFX shall collect include:
information provided by the customer when opening an Account, or process a transaction, such as name, address, assets, bank information, prior trading experience, etc.;
information used to verify the identity of the customer, including copies of government-issued identification materials such as passports, drivers licenses, and credit reports;
Information resulting from transactions between the customer and ProsperityFX or an affiliate of ProsperityFX, such as withdrawal and deposit forms;
Information derived from customer’s navigation and usage of ProsperityFX’s website and online platforms, including Account trading statements.
Information Disclosed by ProsperityFX and To Whom ProsperityFX Discloses the Information. ProsperityFX does not share non-public personal information about our clients or former customers to anyone, except as permitted by law. For example, ProsperityFX may provide information to non-affiliated third parties, as permitted by law, in providing financial services to you.
This includes a consumer reporting agency that prepares your credit report. Furthermore, ProsperityFX may provide information, as permitted by law, to the government or regulatory agencies and to comply with a legal summons, court order, subpoena or a similar legal process, audit or investigation. We may also disclose your non-public personal information if you authorize such disclosure. Confidentiality and Security Procedures.
Only those personnel for whom the information is necessary to complete a given transaction shall possess the authority to access the information. ProsperityFX, its personnel, and its affiliates shall strictly adhere to security practices and procedures to ensure the confidentiality of its customers’ information. ProsperityFX maintains numerous safeguards that comply with regulations to guard your non-public personal information.
ProsperityFX will continue to protect the privacy of former customers’ non-public personal information in the same manner as when they were customers. Unlike continuing customers, however, former customers will not receive annual privacy notices.
CONSENTS AND FURTHER AGREEMENTS
CONSENT TO ELECTRONIC TRANSMISSION OF CONFIRMATIONS & ACCOUNT STATEMENTS.
Customer hereby consents to have Customer’s Account information and trade confirmations available on the Internet, in lieu of having such information delivered to Customer via mail or email, as specified in paragraphs labelled “Statements and Confirmations” and “Communications” of the Customer Agreement. Authorization To Transfer Funds.
Customer hereby agrees that ProsperityFX may, at any time and from time to time, in the sole discretion of ProsperityFX, apply and transfer from any of Customer’s Accounts with ProsperityFX to any of Customer’s other accounts, whether held at ProsperityFX or other approved financial institutions, any of the Contracts, currencies, securities or other property of Customer held either individually or jointly with others to another account.
Agreement To Use Collateral. Customer authorizes ProsperityFX to sell, pledge, rehypothecate, assign, invest, commingle and otherwise use any Collateral held by ProsperityFX, including, but not limited to, using the Contracts as collateral for a loan to ProsperityFX, and, further trading with the Collateral, as provided in the Customer Agreement (including, but not limited to Paragraph 6 thereof).
Where Customer’s Account consists of more than one Account, this authorization shall apply to all of Customer’s Accounts with ProsperityFX.
This Agreement to Use Collateral shall remain in effect so long as Customer’s Account with ProsperityFX remains open or Customer has any obligations of any kind to ProsperityFX, under the Customer Agreement. Social Security / Tax ID Certification.
Customer hereby certifies, under penalty of perjury, that (1) the number provided on the Customer Application is Customer’s correct Social Security or Taxpayer Identification Number and (2) the ownership, or beneficiary, of Customer’s Account, is not subject to backup withholding under Section 3406(a)(1)(C) of the Internal Revenue Code.
Any dispute, claim or controversy between Customer, on one hand, and ProsperityFX and/or its officers, directors, agents or employees, on the other hand, arising out of or relating to the Customer Agreement, Customer’s Account with ProsperityFX or any other trading between Customer and ProsperityFX shall be resolved by binding arbitration. The forum of the arbitration may be American Arbitration Association (“AAA”), within the United States of America (“USA”), in accordance with the AAA arbitration rules in effect at the time such arbitration is commenced, or another appropriate arbitration forum within the United States.
If the forum of arbitration is outside of the USA, any dispute between the Customer and ProsperityFX shall be resolved in the international division of AAA, the International Centre for Dispute Resolution (“ICDR”), in accordance with the International Arbitration Rules in effect at the time such arbitration is commenced.
The award in such arbitration proceeding shall be final and binding and may be entered in any court having jurisdiction thereof. The arbitration shall be held unless the forum is not reasonably convenient for the Customer, at which time an alternate forum shall be determined by the arbitrator. Customer and ProsperityFX agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings.
All statutes of limitations applicable to any dispute apply to any arbitration between Customer and ProsperityFX. The provisions of this Arbitration Agreement shall survive termination, amendment or expiration of Customer’s Account relationship or the governing ProsperityFX Customer Agreement or any other relationship between Customer and ProsperityFX. Either Customer or ProsperityFX may require the submission of the dispute to binding arbitration at any reasonable time, notwithstanding that a lawsuit or other proceeding has been commenced.
Neither Customer nor ProsperityFX shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or of a private attorney general.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or result of any arbitration hereunder without the prior written consent of both parties.