Terms and Conditions
Terms of Service
In using this website at Surf Finance.com you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Member", "You" and "Your" refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves", "We", "Website" and "Us", refers to Surf Finance.com or Surf Finance.com.
Applicability
These Terms and Conditions (also “Agreement”) shall govern the commercial relationship you and us. Where used in this Agreement, references to: (a) “we”, “our”, “us” means Surf Finance and, as applicable, any of its directors, officers, shareholders, employees, advisors, contractors, subsidiaries and any of its affiliated corporate entities, providing certain Services (as defined below) and an access to the Applications and Data (as defined below) through the Website (as defined below) and (b) “you” and/or “your” mean the individual or entity who wishes to use our Services, Applications and Data.
By checking the box and clicking I have read and accepted the Terms and Conditions button, continuing to use any of our Services, you (a) confirm that you are aware and comply with the present Agreement and agree to be bound by this Agreement and (b) represent and warrant that you are authorized and lawfully able to enter into this Agreement.
Additional terms or service conditions may apply and be shown separately. These additional terms become part of your Agreement with us and all the policies made available to you therein must be followed. If you do not agree to all the terms and conditions of this Agreement, then you may not use any of our Services Applications and/or Data.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of any part of these terms and conditions, at any time. We will notify you about the changes to the terms and conditions either by e-mail, your Account (if any) or through the Website. Your continued use of our Services, Website, Applications or Data means that you accept and agree to the changes.
Definitions and interpretations
References to the following words shall have the meanings set out below:
Account: an account which is created through the Website and used to access our Services, Applications and Data.
Agreement: any standard terms imposed by us to regulate the commercial relationship between you and us, including these terms and conditions.
Applications: a PC and mobile software application developed and owned by us that interacts with the Exchanges (including receives information about your transactions on such Exchanges).
API Key: a code that allows your Account to interact directly with your account(s) on the Exchange(s), including, but not limited to, place and cancel trading orders, set and cancel alerts, receive information on your account balance and trading activity, as preselected by you on the relevant Exchange s API setup.
Exchange: a cryptocurrency exchange you are registered in that you use for trading cryptocurrencies.
Client Data: any data obtained by us and delivered to you through the Services.
Data: includes Public Data, Client Data and Processed Data.
Processed Data: any Public Data analyzed and compared by us and delivered to you through the Services in the processed form. The Processed Data is owned by us.
Public Data: any market data, prices, information on transactions and other data obtained by us from public sources, including exchanges, and other sources and delivered to you through the Services.
Fees: fees payable by you to us for the use of the Website, Services, Applications and Data in the amount and under the terms as indicated in the Subscription Plan selected by you.
Services: cryptocurrency price and trading analytics, cryptocurrencies “signal” analytics, demo trading, market surveys, cryptocurrency trading, holding cryptocurrency portfolio and other services provided by us to you via the Website and/or Applications under the terms of this Agreement.
Subscription Plan: a subscription plan selected by you in connection with the purchase of the use of the Services and Data. Subscription plans (including particular terms of use of the Services and Data) are available on the Website and may be updated by us at any time.
Website: website located at Surf Finance.com and all subdomains of such website. References to the word include or including (or any similar term) are not to be construed as implying any limitation and general words introduced by the word other (or any similar term) shall not be given a restrictive meaning because they are preceded or followed by words indicating a particular class of acts, matters or things.
1. Registration
In order to access the Services, you must first register an Account on the Website and be in compliance with present Agreement.
Any natural person with full active legal capacity or any legal person may apply for an Account. You must provide your real name and full personal and/or company registration information. All information you provide upon registration must be accurate, complete and up-to-date. You may not provide any false information, or create an Account for anyone other than yourself without respective authorization. The representative of a legal person making the Account on behalf of the legal person must ensure that he has all the necessary rights and powers to do that. In order to verify your Account, we may request additional verification information, such as a copy / scan of your passport, ID card, driver s license, utilities bills, payment method details.
We reserve the right to accept or reject your Account registration request without additional explanation. Registering an Account implies full and total acceptance of all our policies, including these terms and conditions.
You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of you failing to keep this information secure and confidential. You have to notify us immediately, in case of any unauthorized use of your Account.
You may not transfer your Account to anyone without our explicit written permission and you may not use anyone else s Account or password at any time without the express permission and consent of the holder of that Account.
In case we find at our sole discretion that there is a threat that you are engaging in any suspicious activity, you have provided inaccurate or incomplete information during the registration process or thereafter, you have violated the Agreement or it is necessary for security reasons, we may temporarily suspend your Account until the cause for suspending your Account has been eliminated; or if that cannot be eliminated or you refuse or fail to eliminate it, terminate the Agreement and block your Account. For security reasons we may in addition block your access to the entire Website. You agree that we will not be liable to you or to any third party for termination of your access to your Account and/or the Website as a result of any violation of the Agreement by you.
2. Bots plan, fee and payment terms
We may provide updates and/or additions to the Services ( Additions ) as they become available. You hereby acknowledge that additional Fees may be charged for the use of the Additions, as determined by us, if you decide to use such Additions. The Fees for Additions shall be made available on the Website.
Fees can value added tax ( VAT ). You shall provide us with any information we reasonably request to determine whether we are obliged to collect VAT from you, including your VAT identification number.
If according to applicable law it is your responsibility to declare, pay or withhold taxes on or from your transactions with us, you agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
3. Use of website, services, applications and data
All site, product and services content as text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such content, contained on the Website is owned, controlled or licensed by us, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
Applications are owned, controlled or licensed by us, and are protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
No part and no content may be copied, reproduced, republished, posted, publicly displayed, encoded, translated, transmitted or distributed in any way for publication or distribution of for any commercial enterprise, without our express written consent.
You may use information about our Services purposely made available by us for downloading from the Website, provided that you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or to any our server, or to any of the Services offered on or through the Website, by hacking, password brute- forcing or any other illegitimate means.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other our customer, including any Account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You may not use the Website or any its content, Services, Applications and/or Data for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity, which infringes our or others rights.
Subject to your compliance with this Agreement, we grant you a revocable, limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Website, Services, Applications and Data available via the Services solely for your personal purposes.
You hereby grant us the right to access, process and use your Client Data with the aim to deliver it to you through the Services and in non-identifiable form to other our clients.
We reserve the right to do any of the following, at any time, without notice, to: modify, suspend or terminate operation or access to the Website, Applications or Services for any reason; modify or change the Website, Services, Applications and any applicable policies or terms; and/or interrupt the operation of the Website, Services and/or Applications as necessary to perform routine or non-routine maintenance, error correction, or other changes.
4. Beta Testing (Insider Programme)
From time to time, we may offer you access to our Beta Product. Use of the Beta Product is not required to utilize or enable any other functionality of the Website. This section is applicable to you only with respect to use of and access to the Beta Product.
Access to the Beta Product shall not entail the right to access any Services not covered under your Subscription Plan.
You agree that the Beta Product represents a product passing the testing phase, so it is likely to contain errors. In no event shall we be liable to you or any other party for damages of any kind arising from installation or use of the Beta Product, including where such damages arise from Negligence.
You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue the Beta Product (or any portion thereof) at any time and in our sole discretion, with or without notice to you.
You are welcome to provide suggestions, comments or ideas and report issues or problems related to your use of the Beta Product (Feedback). You agree that your Feedback may be used by us to provide updates, add or remove functionality from the Beta Product and/or public version of the Website.
The use of the Beta Product and provision of Feedback are done on a voluntary basis and shall not be construed as creating any type of employment or service relationship between you and us.
5. Security policy
By using Website, Services or Applications you signify your acceptance of our security policy available on the Website.
6. Privacy policy
By using Website, Services or Applications you signify your acceptance of our privacy policy.
We collect information that you share to us yourself, e.g. when you complete Account registration form. This information may include, but is not limited to, your first and last name(s), company name and info (if any), email address, your account balance, trading activity, account history and identification data of the device on which the Application has been installed.
We may process information that you have shared for the following purposes: (a) execution, fulfilment, handling and administration of this Agreement; (b) billing and reconciliation; (c) maintenance, support and product/service development; (d) sales, revenue and customer analysis and reporting as well as for market and customer use analysis; and (e) carrying out identity, anti-money laundering and fraud prevention checks against your name using databases kept by other organizations and watch lists (which may involve giving the provided personal data to fraud prevention agencies who may keep and use it).
We only use your e-mail address for sharing our product related marketing messages if you have given a respective consent on the Website or in the Application. If you no longer wish to receive direct marketing messages, please click the Unsubscribe from direct marketing messages link in the footer of our e-mail.
We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.
Any personal data collected in the course of providing the Services is transferred to and stored in the data centers located in the territory of the European Union. Only our authorized employees and/or service providers have access to the personal data and they may access the data only for the purposes provided above.
You may request details of personal information which we hold about you in accordance with data protection laws. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. In addition, you have all other rights provided in applicable laws regulating data protection and electronic transmission of commercial notifications.
Please note that the deinstallation of Application in your device does not cause the deletion of your personal data. If you want to delete your personal data collected by us, please send a written request by email as indicated above. You should also bear in mind that the request to delete personal data is possible only if we delete your Account. As a result of that you will not be able to use the Services under your existing Account.
We adhere to the generally accepted industry standards to protect the information you submit to us. You agree and acknowledge that the Internet may be subject to breaches of security and that the submission of data over the Internet may not be secure.
7. Cookie policy
Like most Internet sites, our Website may use cookies. Cookies are small text files placed on the browser or hard drive of your computer, mobile, or other device when you visit a website. Cookies are widely used when providing online services and help to make websites work, or work more efficiently as well as to provide information to the website owners. Cookies do lots of different things, for example, remembering user preferences, letting users navigate between pages efficiently and generally improving the user experience. Cookies are not used to personally identify you in any way, nor will they damage your system or files.
We may use on our Website the strictly necessary cookies that enable you to log into secure areas of Website and cookies used by our networking system, analytical cookies that collect information about how you use Website, advertising cookies, session cookies, persistent cookies and third-party cookies.
It is possible to tell your browser to reject cookies for all sites or specific sites. Rejecting cookies is not however recommended, as cookies are intended to improve your browsing experience. In order to reject or opt out of cookies you can either manually delete them or choose to permanently opt-out from seeing advertisements matching your interests.
8. Liability, indemnity
You are fully responsible for the due performance of your obligations under the Agreement and must compensate to us any and all damages caused by the non-performance or unsatisfactory performance of your obligations.
To the fullest extent permitted by applicable law, you agree to indemnify, hold and defend us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, clients and partners, harmless from any demands, loss, liability, claims or expenses, made against us by any and all third-party claims and liabilities arising out of or related to or in connection with your use of the Website, Services, Applications and/or Data, including any served content that is not provided by us, or your breach of any term of the Agreement. You shall notify us immediately of any matter which could result in any loss, claim, damage, expense or liability subject to indemnification under this section. Such notification will not release you from your indemnification duty. We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.
9. Disclaimer of warranty
We do not promise that our Website or any content, Services, Applications and/or Data or feature will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website, Services, Applications and/or Data will provide specific results. The Website and its content, our Services, Beta Product, Applications and/or Data are delivered on an as is and as available basis. All information provided on the Website is subject to change without notice. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, fitness for a particular purpose, quality or performance. We make no warranty that the Website, Applications and/or Data will meet your specific objectives or needs. We make no warranty that the Website, Services, Applications and/or Data will be free from errors or bugs. We make no warranty that there will be uninterrupted operation of the Services, Website, Applications and/or Data.
We make no warranty regarding the Data or any other information purchased or obtained through the Website, Applications and/or the Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any Data or other information obtained through the Website, Applications and/or the Services.
You expressly acknowledge that any data downloaded through the use of the Services and Website is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of applications or data that results from the download of such data.
We disclaim any and all liability for the acts, omissions and any conduct of any third parties in connection with or related to your use of the Website, Services, Applications and/or Data. You acknowledge that we are not a financial institution and do not give or provide you any advice on your trading activity and disclaim any liability for execution of your trading orders. Your sole remedy against us for dissatisfaction with the Website or any its content, Services, Applications and/or Data is to stop using the Website or any such content, Services, Applications and/or Data.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
No claim for a breach of any our representation or warranty shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was disclosed to you and/or actually known by you.
In no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including, but not limited to, any loss of revenue, income or profits, loss of use or data, or damages for business interruption, any damages resulting from any interruption or disruption in communications or Services or Applications, unavailability or inoperability of the Services, Applications and/or Data.
The provision of this section determine the allocation of risks between you and us, and you agree and acknowledge that such allocation of risks and the limitations of liability specified herein are an essential basis of the bargain between you and us.
The above exclusions of liability shall be valid to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain warranties in certain circumstances. Accordingly, some of the limitations set forth above may not apply.
10. Force majeure
You and us shall not be liable for delays or failure to perform under the Agreement which result directly or indirectly from any cause or condition beyond its reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond its reasonable control and shall not affect the validity and enforceability of any remaining provisions (force majeure).
The party in default of force majeure shall immediately notify the other party of the occurrence of force majeure, shall make reasonable efforts to remove or overcome the effects of such occurrence or event; and shall resume performance of its obligations hereunder immediately after cessation of such occurrence or event.
11. Duration and Termination
Your Agreement with us becomes effective upon registration of your Account or upon signing any additional agreement with us and is valid for unspecified period.
Each party may terminate this Agreement for any reason, by notifying the other party at least 24 hours in advance.
You are not entitled to a refund of funds paid to us if we terminate the Agreement due to your material breach of the Agreement, as set out below.
We may at any time with immediate effect suspend or cease supplying the Service or terminate the Agreement if:
• (a) we are required so by a facially valid subpoena, court order, or binding order of a governmental authority;
• (b) you are in delay with payment of the Fee and such delay has lasted at least 5 days;
• (c) you have failed to comply with any applicable laws, directives, rules and/or regulations;
• (d) you have materially breached any other obligation of the Agreement and failed to remedy such breach within a reasonable time granted by us;
• (e) in respect of you, a liquidator, receiver or administrative receiver is appointed, you are adjudicated as bankrupt, or declared as insolvent;
• (f) this opportunity is set forth in any other provision of this Agreement.
You may terminate the Agreement if we commit a material breach of the Agreement and fail to rectify such breach within fifteen (15) days after receipt of your written notice requesting such rectification.
A termination notice must be sent by registered mail (with notice of delivery) or by e-mail, sent by you to [email protected] or by e-mail from us to the e-mail address you have previously provided.
Upon termination of the Agreement your Account is immediately archived. All provisions of the Agreement which by their nature extend beyond the expiration or termination of this Agreement shall survive the termination of this Agreement. Termination of this Agreement will not prejudice any right of action or remedy which may have accrued to you or us prior to termination (as the case may be).
12. Notices
You agree that we may communicate with you electronically any finance information related to your Account. We may also provide notices to you by posting them in your Account on the Website, or by sending them to an email address that you have previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent.
13. Complaints
In case you have any complaints, or require additional support, please contact us by e-mail at [email protected] Our support team will get back to you within 48 working hours. If your inquiry requires a more detailed answer, it might take up to 30 working days for processing your request.
14. Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia without regard to its principles and rules on conflict of laws.
Any dispute arising out or in connection with this Agreement will be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in Tallinn on the basis of the regulation of the aforementioned Arbitration Court. The arbitral tribunal proceedings will be conducted in English. The arbitration will be held by one arbitrator mutually agreed upon by the Parties, and if no agreement can be reached, then by one arbitrator who is chosen by the Council of the Arbitration Court of the Estonian Chamber of Commerce and Industry.
Any claim under the Agreement must be brought within six (6) months after the cause of action arises, or such claim or cause of action is barred.
15. Miscellaneous
There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you and us under this Agreement. None of us has the authority to bind the each other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement.
Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any other provision hereof.
This Agreement as amended from time to time according to its terms, constitutes the full and entire understanding and agreement between you and us regarding the subjects hereof and supersedes all prior agreements, arrangements, representations or promises, whether oral or written, as to its subject matter.
Our failure to insist on or enforce strict performance of the terms and conditions of the Agreement shall not be construed as a waiver by us of any provision or any right it has to enforce the Agreement, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of the terms and conditions of the Agreement.
This Agreement, and any rights and obligations hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction, including without limitation to any third party. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of us and you, respective successors and permitted assigns.
A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.
Privacy Policy
This privacy policy (“Privacy Policy”) describes how Surf Finance as a data controller, collect, use and disclose personal data, and the steps we take to protect such personal data, provided by you or collected by us either on the website https://Surf Finance.com/(“Website”) or when you use the services or products that we provide or may provide in the future (“Services”). By using Website, our Services or any other related product you signify your acceptance of this Privacy Policy. Please read this Privacy Policy each time before using the Website or the Services and before submitting any information to us. If you do not agree with the terms of this Privacy Policy, do not access or use the Services, the Website or any other aspect of our business.
1. Data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
1. identity data, such as, first name, last name and date of birth;
2. contact data, such as, email address, mailing address and phone number;
3. financial data;
4. transaction data, such as, details about payments to and from you and other details of the Services you have purchased from us;
5. profile data, such as, username, account number or password;
6. technical data, such as, the Internet Protocol (IP) address used to connect your computer to the Internet, your login information (if applicable), browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Website (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), methods used to browse away from the page and any information of yours related to contact our customer service team;
7. usage data, such as, information you viewed or searched for and information about how you use our Website and Services; and
8. marketing and communications data, such as, your preferences in receiving marketing from us and our third parties and your communication responses.
9. information from social media networks. If you log in to our Services using your social media account (for example, Facebook or Google) we will receive relevant information that is necessary to enable our Services and authenticate you. The social media network will provide us with access to certain information that you have provided to them, including your name, profile image and e-mail address. We use such information, together with any other information you directly provide to us when registering or using our Services, to create your account and to communicate with you about the information, products and services that you request from us. You may also be able to specifically request that we have access to the contacts in your social media account so that you can send a referral link to your family and friends. We will use, disclose and store all of this information in accordance with this privacy policy.
Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic or biometric data).
2. Methods of data collection
We use different methods to collect data from and about you including through:
1. direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email, skype and other messenger or otherwise. This includes personal data you provide when you apply for our Services, create an account on our Website, subscribe to our Service or publications, request marketing to be sent to you, enter a competition, promotion or survey, or give us some feedback, including report a problem with our Website;
2. automated technologies or interactions. As you interact with our Website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies.
3. third parties or publicly available sources. We may receive personal data about you from public domain, third parties (such as, analytics providers, advertising networks, search information providers and providers of technical, payment and delivery services) or other websites we operate or the other services we provide.
Where we need to collect personal data by law, or under the terms of an agreement we have with you and you fail to provide that data when requested, we may not be able to perform the agreement we have or are trying to enter into with you, including to provide you with the Services. In this case, we may have to cancel the Services you have with us but we will notify you if this is the case at the time.
3. Use of your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
1. where we need to perform the agreement, we are about to enter into or have entered into with you;
2. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
3. where we need to comply with a legal or regulatory obligation.
Legitimate interest means the interest of our business in conducting and managing our business to enable us to provide you with the best Services and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
| Purpose or Activity | Type of data | Lawful basis for
processing including basis of legitimate interest |
|---|---|---|
| To register you as our client and decide whether and on what terms to provide the Services | Identity, Contact and Financial | Performance of an agreement with you |
| To process and deliver the Services including, to (a) provide customer support and communicate with you, (b) manage payments and fees and verify transactions, (c) collect and recover fees owed to us, and (d) resolve disputes and enforce agreements entered between us | Identity, Contact, Financial, Transaction, Marketing and Communications | Performance of an agreement with you; |
| Necessary for our legitimate interests | To prevent and investigate prohibited or illegal activities or fraud, including, prevent money laundering and terrorist financing | Identity, Contact, Financial, Transaction |
| Performance of an agreement with you; | Necessary for our legitimate interests | To manage our relationship with you, including: (a) notifying you about changes to our Services, Website, general terms or this Privacy Policy and (b) asking you to leave a review or take a survey |
| Identity, Contact, Profile, Marketing and Communications | Performance of an agreement with you; | Necessary to comply with a legal obligation; |
| Necessary for our legitimate interests (to keep our records updated and to study how you use our Services) | To enable you to partake in a competition or complete a survey | Identity, Contact, Profile, Usage, Marketing and Communications |
| Performance of an agreement with you; | Necessary for our legitimate interests (to study how you use our Services, to develop them and grow our business) | To administer, customize, update, maintain, protect and improve the Website and the Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
| Identity, Contact, Technical and Usage | Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation); | Necessary to comply with a legal obligation |
| To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | Identity, Contact, Profile, Technical, Usage, Marketing and Communications | Necessary for our legitimate interests (to study how you use our Services, to develop them, to grow our business and to inform our marketing strategy) |
| To use data analytics to improve our Website, Services, marketing, customer relationships and experiences | Technical and Usage | Necessary for our legitimate interests (to define types of clients for our Services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about Services that may be of interest to you | Identity, Contact, Technical and Usage, Profile | Necessary for our legitimate interests (to develop our Services and grow our business) |
We may use your identity, contact, profile, technical and usage data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which Services and offers may be relevant for you (we call this marketing). You may receive marketing communications from us if you have requested information from us or purchased Services from us and, in each case, you have not opted out of receiving that marketing.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contact us at any time.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
4. Cookies and similar technologies
Like most Internet sites, our Website may use cookies and similar technologies to enhance your user experience and provide customization and useful features to our Website and Services. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
5. Disclosure of your personal data
Except as outlined in this Privacy Policy, your personal data will never be sold or disclosed with other companies or organizations for commercial purposes or otherwise.
We reserve the right at all times to disclose any personal data that we have collected when: (a) permitted or required by law; or, (b) trying to protect against, prevent, investigate actual or potential fraud, security issues, technical issues, unauthorized transactions or other violations; or (c) trying to enforce the applicable terms of service or other agreements; or (d) protecting against violations to the rights, property or safety of us, our users or the public as required or permitted by applicable laws; or (e) you have given your consent to do so. Finally, we may transfer personal data to a successor entity in connection with a corporate merger, consolidation, partial or total sale of assets, bankruptcy, or other corporate change.
We may disclose your personal data to our contractors (who may be located outside of the European Economic Area (“EEA”) to process it for us, for the purposes of processing transactions, collecting fees, identifying you, but also for improving your user experience, performing business support functions or other related tasks, based on our instructions and in compliance with the Privacy Policy and any other applicable confidentiality and security requirements. In addition, transfers to our contractors are covered by the service agreements with such contractors.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
1. we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries;
2. where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries;
3. where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
6. Data security
We adhere to the generally accepted industry standards to protect your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Only our authorized employees, agents and contractors (who have agreed to keep personal data secure and confidential) have access to the personal data on a need to know basis.
We store and process data, including personal data, in the EEA and possibly in other countries through third parties that we use to operate and manage the Services. When you access or use our Websites or the Services, or otherwise provide personal data to us, you are consenting, on behalf of you and your authorized agents, (and representing that you have the authority to provide such consent) to the processing and transfer of personal data in and to the other countries which may have different privacy laws from your or their country of residence. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy.
Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password, which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
You agree and acknowledge that the Internet may be subject to breaches of security and that the submission of data over the Internet may not be secure. We strive to use acceptable means to protect any personal data you share with us, however we cannot guarantee its absolute security.
Depending on the nature of the risks presented by the proposed processing of your personal data, we will have in place the following appropriate security measures:
• organisational measures (including but not limited to staff training and policy development);
• technical measures (including but not limited to physical protection of data, pseudonymization and encryption);
• securing ongoing availability, integrity, and accessibility (including but not limited to ensuring appropriate back-ups of personal data are held).
We have put in place procedures to deal with any suspected personal data breach and will notify you and any relevant regulator of a breach where we are legally required to do so.
If you want to know more about our security practice, please visit this link.
7. Data retention
We will retain your personal data only for so long as it is required for the purposes for which it was collected. This period may extend beyond the end of your relationship with us, but only for so long as is reasonably necessary for us to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations (e.g. taxation purposes), resolve disputes and enforce our agreements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
When your personal data is no longer required, we will destroy, delete or convert it into an anonymous form.
8. Third-party links
The privacy practices set forth in this Privacy Policy apply to the Website and Services only. If you link to other web sites (including sites that offer or use the Services or are promoted by us) or use the services of other service providers, please review the privacy policies posted at those web sites or by the relevant service providers.
9. Age limitations
We do not allow use of our Services and the Website by anyone younger than 18 years old. If you learn that anyone younger than 18 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.
10. Your rights
Under certain circumstances, you have following rights under data protection laws in relation to your personal data:
1. right to request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it;
2. right to request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;
3. right to request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
4. right to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;
5. right to request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
6. right to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform an agreement with you; and
7. right to withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Services to you. We will advise you if this is the case at the time you withdraw your consent.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11. Changes to this Privacy Policy
We may change this Privacy Policy unilaterally and without prior notice, but any changes will be posted on the Website. If we make changes that materially alter your privacy rights, we will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should stop using our Services, the Website or any other aspect of our business. Your continued use of the Website or our Services constitutes your agreement to all such changes.
12. Contact and complains
For further information regarding the Privacy Policy and related practices or in case of any suspected infringement of your privacy, please contact us at [email protected]
If you reside in the EEA, we will be the controller of your personal data provided to, or collected by, or processed in connection with our Services. You have the right to make a complaint at any time. We would, however, appreciate the change to deal with your concerns before you approach the Data Protection Inspectorate, so please contact us in the first instance.
Cookie Policy
Please read this policy carefully before using the website.
The Surf Finance website uses cookies to distinguish you from other users of the website. This helps Surf Finance to provide you with a more tailored experience when you browse the website and also allows Surf Finance to improve the website and services it provides. By continuing to use the Surf Finance website, you are agreeing to the use of cookies. Unless context otherwise required, a reference to the website shall be deemed to also refer to a Surf Finance application.
This cookie policy (“Cookie Policy”) provides information about how and Surf Finance use cookies when you visit the website https://www.Surf Finance.com/ (“ Website”) or access the services provided on the Website. For additional details about the collection and use of personal data, please check our Privacy Policy. If you do not accept this Cookie Policy, please do not use our Website.
1. What cookies are
Cookies are small text files placed on the browser or hard drive of your computer, mobile, or other device when you visit a website. We use cookies and similar technologies like web beacons, pixel tags, or local shared objects («flash cookies»), to deliver, measure, and improve our Services in various ways. A cookie is a small text file that identifies your computer on our server. Cookies in themselves do not identify the individual user, only the computer being used. Cookies are not used to gather personal information.
To find out more about cookies, visit this site.
2. Use of cookies
Like most Internet sites, our Website may use cookies and similar technologies like single-pixel gifs and web beacons. We may use on our Website the following cookies:
• Strictly necessary cookies: these cookies are essential to enable you to login, navigate around and use the features of Surf Finance website and services, or to provide a service requested by you (such as your username). Surf Finance does not need to obtain your consent in order to use these cookies. These cookies can be used for security and integrity reasons.
• Functionality cookies: These cookies allow Surf Finance services to remember choices you make and provide enhanced and personalized features.
• Performance cookies: these cookies collect information about your online activity (for example the duration of your visit on Surf Finance Services and websites), including behavioral data and content engagement metrics. These cookies are used for analytics, research and to perform statistics (based on aggregated information).
• Analytical cookies that allow us to recognize and count the number of visitors to our Website, to see how visitors move around the Website when they are using it and to record which content viewers view and are interested in. This helps us to improve the service which we offer to you by helping us make sure our users are finding the information they are looking for;
• Targeting cookies: these cookies are used to deliver tailored offers and advertisements to you, based on your derived interests, as well as to perform email marketing campaigns. They are usually placed by advertisers (for example advertising networks) and provide them insights about the people who see and interact with ads, visit their websites or use their app.
| Cookie | Purpose |
|---|---|
| Session tracking cookies | These are first party cookies, which are both strictly necessary and functional. They gather information to maintain your login details throughout the session, avoiding re-authentication. |
| Site setting cookies | These are first party cookies, which store temporary information to enable site functionality and collect and hold certain information which improves your experience on the Website, e.g. by setting you the appropriate language. |
| Google Analytics cookies | These are third party analytical cookies which are offered by Google, that tracks and reports Website traffic. Google Analytics are used to collect information about how visitors use the Website, including details in respect of the number of visitors to the Website, where visitors have come to the Website from and the pages they visited. We use the information to compile reports about how visitors use Website and to help us improve the site. The cookies collect information in an anonymous form, (none of these cookies collect and/or store any personally identifiable information). In addition to ourselves, Google accesses the information collected by these cookies. Further details in respect of Google Analytics Cookie Usage can be found by found by here. |
3. Control of cookies
You can block cookies by activating the setting on your browser (or use the cookie setting in the lower left corner) that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Surf Finance website.
4. Changes to this cookie policy
Surf Finance reserves the right to make changes to this Cookie Policy at any time and for any reason. Surf Finance will alert you about any changes by updating the «Last Updated» date of this Cookie Policy. Any changes or modifications will be effective immediately upon posting the updated Cookie Policy on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Cookie Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Cookie Policy by your continued use of the Site after the date such revised Cookie Policy is posted.
5. Contact
For further information regarding the Cookie Policy, please contact us at support@surf-finance.net