This User Agreement constitutes a public electronic agreement between You (hereinafter the “User” or “You“) and MACRO EXCHANGE (hereinafter the “Service” or “Company” or “We” or “Us”).
PLEASE READ THIS USER AGREEMENT BEFORE USING THE SERVICES. VISITING, BROWSING AND REGISTRATION ON THIS WEBSITE MEANS CONSENT TO AND OBSERVATION OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, DO NOT USE THIS WEBSITE AND/OR THE SERVICES.
You cannot use the Website, Services and create the Account if you have not read, understood, and accepted all the provisions of these Terms.
Please leave the Website and do not use any Services if you do not agree with the terms and conditions laid down below. Otherwise, you take all risks and responsibility for holding and dealing in Virtual asset, though we have warned you.
Please note that when you accept these Terms, you are accepting all of the terms and conditions and not just this section.
Depending on your country of citizenship and/or residence, you may not be able to use all the functions of the Website. It is your responsibility to follow the laws and regulations of your country of citizenship/residence and/or country from which you access this Website and the Services, as well as other applicable laws and regulations.
MACRO EXCHANGE and the User have entered into this User Agreement on the following terms and conditions:
Website – a website that is operated by the MACRO EXCHANGE and available at macroexchange.store.
Account – means a personal or a corporate account, registered by a User on the Website to access Services on the Website.
Account details – means User data necessary to access and use of the Site – login, password, email and other data indicated during the registration process as well as after it.
MACRO EXCHANGE Services – refer to various services provided to you by MACRO EXCHANGE that are based on Internet and offered via MACRO EXCHANGE websites.
User (also referred to as "You", "Your") – an individual or a legal entity, incorporated in an appropriate legal form, who uses the Services, registered on the Site according to the User Agreement and holds the Personal Account on the Site.
Virtual asset (VA) – means decentralized peer-to-peer digital asset or digital currency, that is not legal tender, is not securities, e-money, or money under the Applicable Law, and can be transferred, traded and used for payments and exchange purposes.
Fiat money – means government-issued currency that is designated as a legal tender in its country of issuance on the legislative level.
Trade – shall be understood as an exchange of the Virtual asset or equivalent of Fiat money of one type, owned by one User Account, to the Virtual asset or equivalent of Fiat money of another type, owned by another User Account, at the terms and conditions set forth by such exchange parties
Order – means the User's offer on the Platform to buy, to sell or to exchange VA ets on certain conditions.
Law – means all applicable laws, regulations, orders and rulings, interpretations and statements of policy of any Governmental authority, authority, agency or body, which in an appropriate case has jurisdiction over MACRO EXCHANGE, the User, or their operations.
The headings (of articles/sections) of the User Agreement are for convenience only and shall not in any way affect the meaning or interpretation of the User Agreement.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include (shall imply) a reference to the other genders.
The Company may notify you about significant changes in these Terms. This can be done by posting a notification on the Website or sending you an email
MACRO EXCHANGE SERVICE
MACRO EXCHANGE is a website through which a user can exchange VA for fiat funds and vice versa with another user.
MACRO EXCHANGE is not an exchange or other financial institution.
MACRO EXCHANGE is exclusively a site where users communicate with each other to exchange with each other.
The Services are provided exclusively to persons of at least 18 years or older. Using the Services, the User confirms that he has reached the age of 18.
By registering the Account, you represent and warrant that:
- you have reached the age of legal capability to enter into and assume obligations under this User Agreement in accordance with the applicable laws;
- you are an individual or legal entity or other organization with full legal capacity and capability and sufficient authority to enter into this User Agreement;
- you were not previously prohibited from or temporarily restricted in using our Services;
- you currently do not have another Account registered on the Website;
- if you enter into this User Agreement on behalf of a legal entity, whose authorized Representative you are, you represent and warrant that you have all necessary rights and authority to enter into this User Agreement and to assume obligations under this User Agreement on behalf of such legal entity.
You are not allowed to use any Services through the Website if:
- you are in or under control or are a citizen or resident of FATF blacklisted countries and/or countries subject to the United Nations Security Council Sanctions List, the European Union or HM Treasury's financial sanctions regimes, the United States embargo (a "Sanctioned Country"), or if you are a person on EU or HM Treasury's financial sanctions regime or the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List (a "Sanctioned Person");
- you are a citizen and/or a resident of the United States of America or a legal entity whose authorized capital is owned by U.S. citizen and/or resident;
- you are a person, who does not meet any User due diligence/compliance standards, requests or requirements of MACRO EXCHANGE regarding compliance of the User and who otherwise does not belong to a high-risk group, including, but not limited to, the factors listed above.
Depending on the User’s citizenship/place of residence, there may be other factors that will limit the Users in the use of all or part of the Services. MACRO EXCHANGE reserves the right to restrict the Services (all or part) for citizens/residents of certain countries/jurisdictions.
When registering an Account on the Website, you warrant that any and all information, submitted by you is accurate, valid, up-to-date, and complete. The Company may at any time request you to provide additional documents and information and/or updated documents and/or information and documents submitted before and reserves the right to do so at its sole discretion. Failure to abide by these requirements may result in temporary or permanent cessation of Services provision and/or Account suspension.
You must not create an Account on behalf of another individual or entity unless you are legally authorized to do so.
The User is not entitled to sell, lend, share or otherwise transfer his Account or any data necessary to access his Account to third parties. The User is responsible for maintaining security and control over all of his logins, passwords, two-factor authentication codes or any other codes or data the User uses to access the Service. MACRO EXCHANGE is not responsible for any losses incurred by the User due to unauthorized access to the User’s Account, access of third parties to the User's password/Account.
In case of provision of untruthful/ fraudulent information or submitting of false documents MACRO EXCHANGE reserves the right to permanently terminate the User’s Account.
You are solely responsible for keeping your Account secure. Do not share your login, password, keys or any other access details with others.
The Company reserves its right to suspend your Account without providing notice or reason in case of any violation of these Terms.
MACRO EXCHANGE is not liable for any losses or damage arising out of any unauthorized use by you or any third party (regardless of whether it was authorized by you for such use) of your Account using your login credentials (including received as a result of phishing attack on you).
By accessing or using the Services, you agree to comply with the requirements of all Laws, regulations, intellectual property rights or other rights of third parties and not to commit offenses and to be responsible for your behavior when using our Services.
You can terminate this Agreement with MACRO EXCHANGE and close your Account at any time at your sole discretion.
The Company is not liable for any losses suffered due to your Account closure or suspension.
MACRO EXCHANGE takes all necessary measures and uses the best standards to comply with all the applicable Laws and regulations regarding combating Money Laundering and/or Financing of Terrorism. MACRO EXCHANGE will use reasonable efforts to detect and prevent persons involved in any criminal activity in any jurisdiction from using the Website.
In order to avoid and reduce possible risks of involving MACRO EXCHANGE in any type of illegal activity, MACRO EXCHANGE is acting in accordance with AML/CFT Policy and in conformity with an internal Anti-Money Laundering, Countering Financing of Terrorism and Know Your Customer procedures.
If MACRO EXCHANGE has reasons to believe that there is any suspicious activity (any third party complaints on any suspicious activity) on the Account or conducted by the User and/or the User wishes to perform any suspicious transaction, MACRO EXCHANGE may, at its sole discretion: refuse provision of the Services; request additional information confirming the legitimate nature of the transaction such as additional KYC verification, proof of funds and/or photo/video verification etc.; block the User’s access to his Account; terminate the User Agreement without prior notice to the User.
By agreeing to this User Agreement, the User confirm that he owns Fiat money and/or Digital assets legally.
MACRO EXCHANGE will not provide Services to the Users – citizens/residents/entities of countries blacklisted by the FATF, sanctioned Persons, etc.
USER’S PERSONAL DATA
WARNING OF THE RISKS AND ACCEPTANCE OF RISKS BY THE USER
You understand that all operations with VA are irreversible and that the Funds received as a result of the Transaction can be returned only under a separate additional agreement/deal with the appropriate person. The User bears responsibility for accurateness and correctness of the transaction details (network/network standard/wallet address/memo or destination tag) and carries the risk of losing funds, no losses will be compensated by MACRO EXCHANGE in such cases.
The User warrants that he is aware of the basic principles of dealing with VA, as well as of characteristics of VA affecting their value and he is also aware of the relevant risks, in particular, volatility and fluctuations in their value. The User must understand that there is a high probability not to receive a fair and accurate price for the VA when trading.
By accepting this User Agreement, the User acknowledges and accepts any risks associated with the Transactions, agrees to comply with this User Agreement, recognizes and accepts the mentioned and any other risks.
MACRO EXCHANGE is not a broker, an agent or a consultant and does not have fiduciary relationships or obligations to the User.
You acknowledge and represent that MACRO EXCHANGE is not responsible for any lost virtual assets or fiat funds lost by you.
INTELLECTUAL PROPERTY RIGHTS
All components, Services, Content of the Website, and the Website as a whole belong to the Company and are protected by legislation in the field of intellectual property. All rights reserved. Service does not claim ownership of intellectual property rights that belong to third parties.
The User acknowledges and agrees that all content and materials that are available on the Service are protected, including but not limited to copyright, trademarks, patents, trade secrets, know-how. Reproduction, copying or redistribution for commercial purposes of any materials or elements of the Service without written permission is strictly prohibited.
The Website may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. Users are fully responsible for all acts or omissions of any third party with access to Users account.
Company will not disclose Confidential information received in connection with Service provision without the prior written consent of the other User.
The Website, Content, and Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Company does not guarantee that the Website and Services are error-free, reliable, or will operate without interruption.
The Website is provided to you on the "AS-IS" basis.
The Company shall not be liable for the use or inability to use the Website and Services.
In no event shall the Company, its officers, directors, employees, agents, third-party service providers be liable to You or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:
- the accuracy, completeness, or content of the Website,
- the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the Website;
- the Services found at the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website;
- personal injury or property damage of any nature whatsoever;
- third-party conduct of any nature whatsoever;
- any unauthorized access to or use of Company's servers and/or any and all content, personal information, or other information and data stored therein;
- any loss or damage of any kind incurred as a result of your use of the Website or the Services found at the Website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages;
- losing access and/or unauthorized access to your Account;
- taxation and/or changes in tax system regarding Virtual assets;
- unfavorable fluctuations of Virtual assets;
- errors in the provision of Services;
- other risks associated with purchasing, holding, and Virtual assets, and using the Website and Services.
The Company shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using Virtual assets if such use is forbidden or otherwise limited in your country.
To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
- your use of and access to the Website and Services;
- your violation of any term of these Terms;
- your violation of the Applicable Law, including any law, rule, or regulation, or the rights of any third party.
You release us from all liability related to any losses, damages, or claims arising from:
- user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Virtual asset addresses;
- server failure or data loss;
- bugs or other errors in the Website software; and
- any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Website. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the Company's (the "Parties'") control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.
User agree that the Company is not responsible for determining whether taxes apply to User’s transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual asset-related transactions.
Company shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond Company’s 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 terrorism, civil disturbance, war, strike or other labor 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 our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
MACRO EXCHANGE has the right to unilaterally change this User Agreement. The changes take effect in 3 (three) days after the moment the new version of corresponding documents is published on the Site. If the User does not accept a new edition of the User Agreement, he/she should stop using the Site.
These Terms shall remain in force until terminated either by you or the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
Should you have any comments, questions, or complaints, please contact us.
MACRO EXCHANGE 2022
By using our service and the Website, agreeing and accepting the User Agreement, you (hereinafter referred to as «you», «your», or «User») accept and agree also with this Policy.
We understand that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits our Website or uses our services and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and our obligations under Data Protection Legislation.
IF YOU DO NOT AGREE TO THIS POLICY, YOU SHOULD LEAVE OUR WEBSITE.
Personal Data - any information relating to an identified or identifiable 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 etc.
Website - a website that is operated by the MACRO EXCHANGE and available at macroexchange.store.
Services - all products, including the Website, provided by MACRO EXCHANGE.
Processing - any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
The General Data Protection Regulation («GDPR») is EU privacy and data protection law. It calls for more granular privacy guardrails in an organization’s systems, more nuanced data protection agreements, and more consumer-friendly and detailed disclosures about an organization’s privacy and data protection practices.
This Regulation applies to the processing of Personal Data wholly or partly by automated means and to the processing other than by automated means of Personal Data which form part of a filing system or are intended to form part of a filing system. Generally, The GDPR requirements apply to all companies, institutions, and organizations that process Personal Data.
The GDPR is relevant to any globally operating company, not just those located in the EU. Under the GDPR, organizations may be in scope if (i) the organization is established in the EU, or (ii) the organization is not established in the EU but the data processing activities are with regard to EU individuals and relate to the offering of goods and services to them or the monitoring of their behavior.
We have identified the types of Personal Data we may use about you and how and why we will use them in the table below.
Personal Data that our customers give us to register with us:
- your contact details including: your name, address, email address, and telephone number(s);
- your identification details, including your date of birth, gender, country of residence.
We may use this Personal Data to:
- process your registration request;
- on-board you as a customer;
- provide our products and services;
- manage and administer our services including your account with us;
- communicate with you about your account and our services, including informing you of our products and services;
- send personalized offers of services and products.
Know Your Client (KYC) Personal Data from you, third parties and/or publicly available sources including:
- passport or other government-issued identity document;
- your photography;
- documents establishing your source of funds;
- results of KYC or Politically Exposed Person (PEP) checks, including information collected by our suppliers;
- other Personal Data if provided during passing KYC/compliance/verification procedures (including additional), etc.
We may use this Personal Data to:
- carry out regulatory checks and meet our obligations to our regulators;
- help us ensure that our customers are genuine and to prevent and detect fraud, money laundering and other crime (such as terrorist financing and offences involving identity theft).
Personal Data you provide as part of your account with us including:
- your password;
- your account and marketing preferences.
We may use this Personal Data to:
- provide our services to you;
- manage and administer your account with us;
- communicate with you regarding your account and our services.
Personal Data relating to your use of our Services including:
- your orders, instructions to us;
- your transactions using your account(s), including your account(s) in third-party bank(s), financial institution(s), payment card details, etc., the amount, originator or beneficiary, and time/date of the transfers you make and receive;
- information about the digital device through which you access our services, such as device type, operating system, screen resolution, unique device identifiers, the mobile network system;
- IP address;
- date and time of log-in and requests;
- Personal Data in your correspondence with us, by email, telephone, messaging, texts, on-line chats, via social media, or otherwise;
- whether you've clicked on links in electronic communications from us, including the URL clickstream to our website;
- Personal Data that you provide in response to our surveys.
We may use this Personal Data to:
- provide our services to you;
- manage and administer our services and systems;
- check if you are in a location or using a device consistent with our records in order to help prevent fraud;
- develop and improve our services based on analyzing this information, the behaviors of our users and the technical capabilities of our users;
- improve our services to better suit the behaviors and technical capabilities of the users of our service;
- answer any issues or concerns;
- monitor customer communications for quality and training purposes.
Personal Data that we collect from third parties in order to be able to register you as a customer or to provide services to you:
- Personal Data related to payments to or from your accounts with us, provided by payment processing services, banks, card schemes and other financial services firms;
- Personal Data from credit reference agencies or fraud prevention agencies.
We may use this Personal Data to:
- provide our services to you;
- manage and administer our services and systems;
- help us to prevent and detect fraud.
Personal Data that we collect through your use of our website (whether or not you have registered for our services) including:
- device information such as operating system, unique device identifiers, the mobile network system;
- hardware and browser settings;
- date and time of visits;
- the pages you visit, the length of the visit, your interactions with the page (such as scrolling, clicks and mouse-overs), methods to browse away from our website, and search engine terms you use;
- IP address.
We may use this Personal Data to:
- develop new services based on the information being collected, the behaviors of our users and the technical capabilities of our users;
- identify issues with the website, including website security, and user's experience of it;
- monitor the way our website is used (including locations it is accessed from, devices it is accessed from, understanding peak usage times and analyzing what functionality and information is most and least accessed), where our customers have come from online (such as from links on other websites or advertising banners), and the way in which our website is used by different users groups;
- do statistical analysis and research with the purpose of better understanding the breakdown of our customers, their use of our services, and what attracts our customers to our services.
Personal Data that we collect from individuals representing organizations such as our corporate customers and suppliers, including:
- names, roles, and contact details of individuals working for organizations;
- other Personal Data regarding such individuals;
- any Personal Data contained in correspondence with those individuals.
We use this Personal Data to:
- build relationships with other organizations;
- provide marketing communications to these individuals;
- improve our services and develop new services based on the preferences and behaviors of these individuals;
- obtain services for our business.
We need to collect certain types of Personal Data for compliance with legal requirements relating to our anti-fraud and Anti-Money Laundering / Countering Financing of Terrorism/ Know Your Customer obligations. If this Personal Data is not provided we cannot agree to provide a service to you.
Your Personal Data may also be processed if it is necessary on reasonable request by a law enforcement or regulatory authority, body or agency or in the defense of a legal claims. We will not delete Personal Data if relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved.
We may share your Personal Data with the following Third Parties:
- external services or authorities when such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests and/or the vital interests of a Third Party;
- other Third Parties subject to your consent.
When we disclose your Personal Data to a Third Party, we take all reasonable steps to ensure that those Third Parties are bound by confidentiality and privacy obligations with respect to the protection of your Personal Data. The disclosure is conducted in compliance with legal requirements, including entering into data processing agreements with the relevant Third Parties, to ensure that Personal Data is only processed in accordance with our instructions, applicable law and regulations and for the purpose specified by us and to ensure adequate security measures.
Users residing in certain countries, including the EU, are afforded certain rights regarding their personal information:
- the right to confirmation as to whether or not we process your Personal Data and, where we do, to access the Personal Data;
- the right to object to us processing your Personal Data, citing personal reasons; however, understand that we may still process your Personal Data if we have lawful grounds to do so, but only if our interests in processing your Personal Data are not overridden by your rights, interests, or freedoms;
- the right to have any inaccurate Personal Data about you rectified;
- the right to obtain and reuse your Personal Data for your own purposes across different Services;
- the right to the erasure of your Personal Data;
- the right to withdraw consent. To the extent that the legal basis for our processing of your Personal information is consent, you have the right to withdraw that consent at any time.
You may exercise any of your rights in relation to your Personal Data by contacting our Customer Support.
MACRO EXCHANGE will retain your Personal information for as long as we deem it necessary to provide our Services to you, to comply with applicable laws (including those regarding document retention), resolve disputes with any parties and otherwise as necessary to allow us to conduct our business.
We will erase your Personal Data without undue delay where one of the following grounds applies:
- the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- you withdraw consent on which the processing is based and where there is no other legal ground for the processing;
- you object to the processing and there are no overriding legitimate grounds for the processing (for example where Personal Data are processed for direct marketing purposes, you shall have the right to object at any time to processing of Personal Data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing);
- the Personal Data have been unlawfully processed;
Data security is of great importance to us, and to protect your Personal Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Websites.
Not with standing the security measures that we take, it is important to remember that the transmission of data via the Internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the Internet. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our site, and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
MACRO EXCHANGE cannot ensure or warrant the absolute security of any information and Personal Data the User transfers to MACRO EXCHANGE, cannot guarantee that Personal Data of Users may not be accessed, disclosed, altered or destroyed. In case of illegal disclosure of Personal Data of Users occurs, MACRO EXCHANGE will notify Users and third persons whose rights are freedoms may be violated immediately. At the same time MACRO EXCHANGE will take all reasonable and commercially feasible efforts and measures to protect those persons and their Personal Data from negative consequences of such disclosing.
All Cookies used by and on the Website, are used in accordance with current EU Cookie Law.
MACRO EXCHANGE 2021