SPT Trader Agreement

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Trader Agreement for Customer _______________

This Customer Agreement (“agreement”) is made effective as of the signed


date listed below by Smart Prop Trader LLC, a Wyoming limited liability
company. Smart Prop Trader may also be referred to as “SPT” throughout
this agreement.

1. The Customer has the right to perform a simulation of trades on the


financial market FOREX, or on another financial market through a special
customer demo account on the Eightcap brokerage platform. The Smart
Prop Trader funded account will be subject to the conditions of this
agreement and all SPT programs and products offered. Customer
understands that their Smart Prop Trader account is the property of SPT and
Customer shall keep confidential all information and transactions in
connection with the funded account.

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.

In the event of a breach of any rules referred to in this agreement or on


www.smartproptrader.com, all positions on the broker's platform shall be
closed immediately and the Provider's Account will be shut down. In such
a case, SPT has the right to terminate this agreement under any and all
conditions mentioned. Any profits remaining after a breach of account, for
any reason, are no longer payable to the trader.

3. The Customer acknowledges that the Customer’s Account is a demo


version which does not allow to perform real-world trades using FOREX
Trading on financial markets. It is up to the decision of Smart Prop Trader
which of the activities of FOREX Trading will be executed on the financial
market and which not.

4.Customer shall not engage in FOREX trading in violation of: 1)


applicable laws, rules, and regulations 2) the operation, usage, and practice
of actual financial markets 3) the terms and conditions of our broker, as
amended from time to time 4) The SPT rules and conditions as amended
from time to time and which are incorporated by reference, made a part of
this agreement and are available at www.smartproptrader.com. Any
transaction made or entered into in violation of the above terms, or any
term/rule/condition, listed on the Smart Prop Trader website gives SPT the
right to terminate this agreement.

5. Customer shall keep all information received in connection with SPT or


this agreement strictly confidential. Customer shall not authorize or allow
any person to access the SPT customer account or any information
pertaining to the SPT account. Customer may not copyright, trademark, or
patent any byproduct created through customer relationship with Smart
Prop Trader.
6. The Customer shall not perform FOREX Trading in violation of: 1) the
operation of real financial markets, 2) the current General Terms and
Conditions of the broker, 3) the current General Terms and Conditions of
Smart Prop Trader.

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.

8. Customer vows to keep the confidentiality of all information received in


connection with this Contract or when performing FOREX Trading.

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.

11. Customer agrees that Customer is able to and willing to be video


interviewed and have the video interview released on the Smart Prop Trader
YouTube channel. Interview will be hosted by a Smart Prop Trader
representative at a time agreed upon by both Customer and SPT. Smart
Prop Trader reserves the right to suspend all future payments and terminate
this agreement if a video interview does not commence within 1 week of
Smart Prop Trader’s request for said interview.

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.

18. Any appendices or attachments to this agreement are important


documents that are deemed to be part of the agreement itself.

19. Smart Prop Trader is not responsible or liable for the withholding of
taxes for or payment of taxes on behalf of Customer.

20. Any modification, amendment, or extension to this agreement is not


valid unless written and signed by both parties.

21. This agreement shall not be interpreted to create any form of


partnership, employment, or membership between parties.

22. This contract shall be subject to the laws of the United States of
America.
SPT Current Agreement dated 06-21-2023

Customer ___________________________

Ryan Lepper ________________________


Chief Operating Officer
APPENDIX I – CALIFORNIA PRIVACY NOTICE

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.

These rights can be exercised by the Californian consumer or their


designated agent such as an attorney or those in possession of a power of
attorney.
The CCPA applies to personal information of California consumers, such as
those who interact with SPT’s products and websites. “Personal
information” is defined broadly in the CCPA, and essentially encompasses
any information that can be used directly or indirectly to identify a
California resident. This Notice does not apply to residents of other states
and nations.

Collection, Use and Sharing of Your Data


The personal information that SPT collects about California consumers
depends upon the interaction with you, and is also limited to that which is
relevant and appropriate for the interaction and purpose of the collection.

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

How SPT Processes Data


SPT collects with your express consent, or may collect in the future, your
first and last name, email address, phone number, and your financial
information. SPT may collect other information about you with your
express consent. They collect your data through the online or physical
registration process, completion of surveys or feedbacks, payment methods
used to purchase their products or reimburse you, and use of cookies on
their websites. SPT may also partner with cloud computing companies to
store personal data through their software.

How SPT Uses Your Data


SPT use your data to process your purchase or to issue payments to you,
manage your account, email you with special offers on other products they
think you might like, send billing reminders, and perform other activities
necessary and proper to serve you as best they can.

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.

•Right to Object to Processing. You have the right to object to SPT’s


processing of your personal data, with certain exceptions.
•Right to Data Portability. You have the right to request SPT to transfer the
data that they have collected to another organization, or directly to you,
with certain exceptions.

These rights can be exercised by an individual in Europe or their designated


agent such as an attorney or those in possession of a power of attorney.

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.

GDPR applies to personal data processed through purely automatic means


or through non- automatic means.
Right to Access
In accordance with the GDPR requirements, European data subjects may
contact SPT to exercise their right to access the personal data 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. They can do so by exercising that right via one
of the other options identified in the Contact Methods section of this Notice.

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:

a. The European data subject withdraws consent;


b. The European data subject objects to the processing;
c. The personal data was unlawfully processed;
d. There are existing legal obligations; or

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.

Right to Restrict of Processing


European data subjects have the right to restrict the processing of their
personal data in order to effectuate other rights or to effectuate the right to
restrict processing in and of itself. When the restriction is effectuated, SPT
will not process the personal data objected to with the exception of storage,
only to be processed with the data subject’s consent or for the
establishment, exercise, or defense of legal claims, or for the protection of
the rights of another natural or legal person. This right may be restricted
further as the law demands.

A European data subject who has obtained restriction of processing will be


informed by the Data Protection Officer before the restriction if processing
is lifted.

Right to Object to Processing


European data subjects may object, on grounds relating to his or her
particular situation, at any time. At which point, SPT will cease processing
of personal data concerning him or her unless they can demonstrate
compelling, legitimate grounds for the processing.

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.

Response and Completion Times


SPT will acknowledge, respond, and complete the requests to exercise the
above Rights within one calendar month of receipt, and provide the
information requested by the verified European data subject. If a reasonable
delay is necessary, SPT will contact the European data subject of the delay.
The period may be extended up to two additional months if necessary to
respond to the requests.

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