SPT Trader Agreement
SPT Trader Agreement
SPT Trader Agreement
2. SPT shall not instruct the customer regarding the method of FOREX
Trading. During FOREX Trading, the Provider is obliged to observe the
following prudence policies of trading:
a. The maximum daily aggregated loss on the customer’s account must not
at any time in the course of one day exceed 4% of the initial account
balance. This amount is a fixed daily loss limit and subtracted from balance
or equity, whatever is greater.
b. The value of the initial capital must not fall below 8% of the
initial account balance both for open and closed positions.
7. The Customer shall notify SPT of any of his or her interest in business or
other activities pursuing benefits which could find themselves in conflict
with the interests of SPT.
9. Smart Prop Trader has the right to provide personal data of the Customer
to third parties and to foreign countries under the terms of the Act on the
protection of personal data. SPT only has the right to such transfer of
personal data of the customer for the purpose of and to the extent specified
above, or if such an obligation is provided for by law. Smart Prop Trader
shall inform the customer of the transfer of his or her personal data pursuant
to this paragraph, unless the law states otherwise.
10. The Customer has the right to access and correct the personal data. In
the event that the finds or customer believes that SPT performs the
processing of his or her personal data contrary to the protection of the
private and personal life of the Provider or in conflict with the Act on the
protection of personal data (in particular, if the personal data are
inaccurate), he or she may ask SPT to redress.
12. Upon SPT’s request, or at any time after termination of this agreement,
Customer agrees to return all borrowed materials, resources, notes,
documents, containing information regarding SPT, including all copies.
Retaining copies is strictly prohibited.
13. This agreement continues in effect for an indefinite period of time and
governs all of Customer accounts. The agreement may be terminated by any
party at any time without prior notice.
14. If SPT or customer at any time elects to terminate this agreement, each
party will consider to be under a global release and treat the reasons for
termination strictly confidential, which includes no discussion on any
public forum or social media platform.
15. At any time, Smart Prop Trader can request an in depth disclosure of all
trading strategies used by the customer. These strategies must be fully
disclosed to SPT. If Customer fails to provide requested information within
a 72 hour time frame from request, SPT has the right to terminate this
agreement at any time, without any prior notice.
16. This Contract was made in two copies, one of which was taken over by
Smart Prop Trader and the other one by Customer. The agreement may be
executed by manual or electronic signature in one or more counterparts,
each of which shall be deemed an original and all of which collectively
shall constitute a single agreement.
17. Customer agrees that SPT can process their personal data in compliance
with applicable data protection laws. Customer has/or will provide certain
data and information to SPT or the broker for the purposes of personal or
business evaluation, resolution of any disputes, and to receive information
on other products and services that SPT provides. Customer further
acknowledges that SPT may retain personal or business data indefinitely
and without consent. SPT also has the right to provide personal and
business data to third parties and to foreign governments to the extent
needed to successfully carry out the terms of this agreement. SPT shall
inform Customer in writing of the transfer of any personal or business data.
19. Smart Prop Trader is not responsible or liable for the withholding of
taxes for or payment of taxes on behalf of Customer.
22. This contract shall be subject to the laws of the United States of
America.
SPT Current Agreement dated 06-21-2023
Customer ___________________________
This California Privacy Notice describes how Smart Prop Trader complies
with the California Consumer Privacy Act of 2018 (“CCPA”) with respect
to personal information collected about California residents
CCPA Rights
The CCPA is a California law that gives California consumers additional
rights relating to the personal information collected about them. The main
rights under that law are:
•Right to Opt-Out. You have the right to inform SPT not to sell your
personal information.
•Right to Know. You have the right to know what kind of personal
information is collected about you.
•Right to Delete. You have the right to request deletion of your personal
information, with the exception of reasonableness, including, but not
limited to, compliance with law enforcement agencies and government
edicts.
•Right to Non-discrimination. You are protected from discriminatory
practices under California law.
•Protection of Minors. Californian minors are protected from certain
marketing activities.
Right to Opt-Out
Upon request by a Californian consumer, SPT will not sell personal
information of Californian residents as defined by the CCPA. To the extent
that your personal information is accessible to their affiliated companies,
third-party partners, and their subsidiaries who assist SPT with their
services to Customers, such persons are also prohibited from selling your
personal information as defined by CCPA.
Right to Know
In accordance with the CCPA requirements, California residents may
contact SPT to exercise their right to know about the personal information
that they hold about them as well as how the data was used, the categories
and the identity of third parties with whom the data was shared, and the
purpose(s) for the sharing of the information.
SPT will acknowledge a Right to Know within ten (10) days of receipt, and
provide the information requested by the verified California resident within
forty-five (45) days. SPT may require more time to deliver the information,
up to a total of ninety (120) days if further investigations and verifications
are required. Smart Prop Trader will deny the request if it is unable to verify
the requestor or the authorized agent.
Smart Prop Trader can also deny the request if they do not hold any
personal information about the individual which falls within the scope of
CCPA. This California Privacy Notice applies only to California residents
and the scope of data covered by applicable Californian laws.
California residents are limited to two such requests to know or access their
data in any twelve (12) month period, whether through his or her individual
capacity or through his or her agent.
Right to No Discrimination
In accordance with the CCPA, SPT does not discriminate against
individuals, including those who choose to exercise their CCPA rights.
APPENDIX II – EUROPEAN PRIVACY NOTICE
GDPR Rights
The GDPR is a law of the European Union (and set of rules some countries
outside of the EU mirror) that gives individuals in Europe additional rights
relating to the personal information collected about them. The main rights
under that law are:
•Right to Access. You have the right to request SPT to make copies of your
personal data. You may be charged a small fee for this service.
•Right to Rectification. You have the right to request SPT to correct any
information you believe is inaccurate. You also have the right to request
SPT to complete any information you believe is incomplete.
•Right to Erasure. You have the right to request SPT to erase your personal
data, with certain exceptions.
•Right to Restrict Processing. You have the right to request SPT to restrict
the processing of your personal data, with certain exceptions.
Scope
The GDPR applies to personal data of citizens or residents of the European
Union or the United Kingdom, such as those who interact with SPT’s or
ARC’s products and websites. “Personal data” is defined broadly in the
GDPR, and essentially encompasses any information that can be used
directly or indirectly to identify an individual in Europe (or other non-EU
state that adopted the provisions within GDPR). GDPR Article 4 defies
“personal data” as any information relating to an identified or identifiable
natural person (“data subject”); an identifiable natural person is one who
can be identified, directly or indirectly, in particular by reference to an
identifier such as a name, an identification number, location data, an online
identifier or to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural, or social identity of that natural person.
European data subjects or their authorized agents who seek to exercise this
right are subject to comprehensive verification to minimize any risk to
individuals of sharing their person information with an unauthorized
individual. SPT will deny the request if it is unable to verify the requestor
or the authorized agent.
Right to Rectification.
In accordance with the GDPR requirements, European data subjects may
contact SPT to change, correct, or add to the information they have about
them if they think that the data they collected is incorrect or incomplete.
Upon proper verification of the European data subject and proper request,
SPT will rectify the errors, if any. If the personal data was made public or
shared with third parties, SPT will make efforts to communicate to the third
party the need to rectify the personal data.
Right to Erasure
European data subjects have the right to request erasure of their personal
data, and can make the request directly to us in his or her individual
capacity or through an authorized agent. They can do so by exercising that
right through one of the other options identified in the Contact Methods
section of this Notice.
SPT is not obligated to erase personal information if they are required or
permitted to retain such information in accordance with one of the
exemptions in the GDPR. Individuals who exercise their right to request
deletion directly or through an authorized agent will be subject to
verification in accordance with the GDPR requirements. Valid reasons for
the erasure are:
When SPT processes a request for erasure from a verified European data
subject, they will delete the data from their systems in a secure and
irreversible manner, to prevent the data from being restored. To the extent
that SPT have entrusted any of the personal data of the European data
subject to a third party, they will also contact that third party to process the
erasure request and will confirm to the European data subject or the agent
that they have done so.
Upon completion of erasure, SPT will contact the European data subject
promptly.
Please do note that SPT may not adhere to objections to processing of data
if the processing is necessary for the performance of a task carried out for
reasons of public or national interest.