Information Collected by Prosperity Inc. LLC. The categories of non-public personal information which Prosperity Inc. LLC shall collect include:
information provided by the customer when opening an Account, or process a transaction, such as a 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 Prosperity Inc. LLC or an affiliate of Prosperity Inc. LLC, such as withdrawal and deposit forms;
Information derived from customers’ navigation and usage of Prosperity Inc. LLC’s website and online platforms, including Account trading statements.
Information Disclosed by Prosperity Inc. LLC and To Whom Prosperity Inc. LLC Discloses the Information. Prosperity Inc. LLC does not share non-public personal information about our clients or former customers to anyone, except as permitted by law. For example, Prosperity Inc. LLC 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, Prosperity Inc. LLC 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. Prosperity Inc. LLC, its personnel, and its affiliates shall strictly adhere to security practices and procedures to ensure the confidentiality of its customers’ information. Prosperity Inc. LLC maintains numerous safeguards that comply with regulations to guard your non-public personal information.
Prosperity Inc. LLC 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 Prosperity Inc. LLC may, at any time and from time to time, in the sole discretion of Prosperity Inc. LLC, apply and transfer from any of Customer’s Accounts with Prosperity Inc. LLC to any of Customer’s other accounts, whether held at Prosperity Inc. LLC 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 Prosperity Inc. LLC to sell, pledge, rehypothecate, assign, invest, commingle, and otherwise use any Collateral held by Prosperity Inc. LLC, including, but not limited to, using the Contracts as collateral for a loan to Prosperity Inc. LLC, 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 Prosperity Inc. LLC.
This Agreement to Use Collateral shall remain in effect so long as Customer’s Account with Prosperity Inc. LLC remains open or Customer has any obligations of any kind to Prosperity Inc. LLC, 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 Prosperity Inc. LLC 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 Prosperity Inc. LLC or any other trading between Customer and Prosperity Inc. LLC 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 Prosperity Inc. LLC 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 Prosperity Inc. LLC 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 Prosperity Inc. LLC. The provisions of this Arbitration Agreement shall survive termination, amendment or expiration of Customer’s Account relationship or the governing Prosperity Inc. LLC Customer Agreement or any other relationship between Customer and Prosperity Inc. LLC. Either Customer or Prosperity Inc. LLC 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 Prosperity Inc. LLC 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.