OrangeX Terms of Service and Conditions
Last revised: August 10, 2023
Email: support@orangex.com
These Terms of Service were prepared in the English language. The English version shall prevail in the event of any conflict, discrepancy or ambiguity between translations.
These Terms of Service apply to the Website and all of your use of the services offered by OrangeX Fintech s.r.o. Please read the contents carefully before you use the Website or any of our services. If you have any questions, please contact us by sending an email to support@orangex.com.
Article 1. Definitions
1.1. Capitalized terms in these terms & conditions shall have the following meaning:
Account:Your personal environment on our Platform, where you can manage your funds and trade Products;
API:An Application Programming Interface with the Platform that enables you to externally manage your Account and trade Products;
Cryptocurrency: Bitcoin, Ethereum, and all other digital currencies that can be used to trade Products on our Platform;
Intellectual Property Rights: All intellectual property rights and related rights such as copyright, trademark rights, patent rights, (un)registered design rights, trade name rights, logos, database rights and neighboring rights, as well as rights to know-how and sui generis intellectual property rights;
Order:An offer to trade a specific number of Products against a specific value, which offer is added to the Order book until it is accepted (matched to another order) or cancelled;
Platform:The application and underlying infrastructure made available by us which you can access remotely and where you can access your Account and trade Products;
Position:The outstanding Products you have traded on our Platform;
Products:All Cryptocurrency derivative contracts, such as futures, options and perpetual swaps, that can be traded on our Platform;
Terms of Service:These terms and conditions, which apply to (the use of) our Website and all agreements concluded between you and us;
Trade:When an order is (partly) matched to another order (accepted);
Wallet:The digital storage vault managed and made available by us where you can store Cryptocurrency to be used to trade Products;
Website:www.OrangeX.com and all underlying pages.
Article 2. General
2.1. Risks: With our Platform, we offer you a tool to sell or buy Products for your own account and at your own risk. You acknowledge, agree and accept that tradingProducts entails a high financial risk and that there is additional counter party risk because our Products are derivative contracts. You have the necessary experience and knowledge to understand the risks involved in our Products. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Cryptocurrency. You may lose all of your funds in your Account.
2.2. No advice: At no time should any information provided in these Terms of Service or on our Website should be construed as financial advice or investment advice. We do not provide any opinion on the merits of any particular investment. Any information provided is for educational purposes to keep the investor informed of prices, ranges, and volatility of Cryptocurrency. In addition, we do not act as your broker, intermediary, agent or advisor in any fiduciary capacity.
2.3. None of the services of OrangeX amount to any marketing, or promotion or offer to any product or investment to you or any third party. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that OrangeX may provide. You will make your own independent decision to access or use our Website and/or Platform.
2.4. Restricted areas: The access or use of our Platform and the services we offer is not available if you are located, incorporated or otherwise established in, or a citizen or resident of (i) the United States; (ii) Panama; (iii) any other country or area designated as a restricted area on our Website; (iv) a jurisdiction where it would be illegal for you to access or use of our Platform. If you are a resident of or are operating from a restricted area as defined in this article, we reserve our right to terminate your Account with immediate effect.
If you are a resident of or are operating from a restricted area as defined in this article, including but not limited to Belarus,Burundi,Cuba,China Mainland,Democratic People's Republic of Korea(DPRK),Hong Kong,Iran,Myanmar,Panama,Russia,Russian-controlled regions of Ukraine (currently including the Crimea, Donetsk, and Luhansk regions),Singapore,Syria,South Sudan,Sudan,United States of America,United Kingdom,Venezuela, or any other jurisdictions in which we may determine from time to time to terminate the services at our sole discretion (the "Excluded Jurisdictions"), we reserve our right to terminate your Account with immediate effect.
We provide services to all countries except the prohibited countries listed in our AML policy, but we will conduct additional verification for high-risk countries.
2.5. Updates: These Terms of Service may be updated from time to time. We will notify you about any amendments to our Terms of Service in advance on our Platform and/or per email. The amended Terms of Service will apply to our legal relationship at the earliest of the following moments: when you accept the amended Terms of Service, when you keep using our Platform after you have been informed about our updated Terms of Service or one month after our notification of the amended Terms of Service. If you do not agree with the amended Terms of Service, your sole remedy is to terminate the use of our services.
Article 3. Our Platform
3.1. Availability: We will do our utmost to ensure that the Platform is available at all times, but we may not always be able to prevent downtime or limited functionality of the Platform. You agree and accept that i) we do not guarantee the continuous availability of the Platform and ii) the Platform has the functionality as available during your use ( ‘as is’). We will remedy any bugs and other defects and make available updates of the Platform at our sole discretion and on a best efforts basis.
3.2. Unavailability errors: As the use of our Platform is at your own risk, you acknowledge that we are not responsible for any errors, delays, communication failures and other malfunctions of the Platform, and that the consequences of such malfunctions shall be for your own account.
3.3. Changes and restrictions: We are at any time entitled to i) make functional, procedural or technical changes or improvements to the Platform, and to ii) (temporarily or permanently) limit or remove functionalities of the Platform, terminate the Platform entirely or to restrict the use of the Platform, without becoming liable to you.
3.4. Accuracy of information: We do our utmost to offer correct and up to date information on our Platform, including market information. However, you acknowledge and accept that such market data may not be accurate and that the use of the market data when trading Products shall be at your own risk.
Article 4. Your Use of our Platform
4.1. Account: To be eligible to use our Platform, you need to create an Account by submitting the details requested in our Account creation form. You warrant that the information you provide is correct and up to date.
4.2. Verification: You acknowledge and accept that we may be required to perform additional checks from time to time to verify your identity and the business relationship, including, but not limited to, by means of a copy of a valid identification document and/or proof of residential address. You warrant that the information you disclose in this respect is at all times correct, authentic and up to date. We reserve the right to suspend, terminate or limit your right to use the Platform (which may include imposing trading limits) until we have verified your identity or if the results of our identity verification process give rise to such measures.
4.3. Credentials: The login credentials to access your Account are strictly personal. You are solely responsible for keeping your login credentials, 2FA-tokens, and other Account login details confidential. It is your responsibility to contact us immediately when you suspect unauthorized use of your login credentials or your Account.
4.4. Use of your Account: You are at all times responsible and liable for any use of your Account, including (unauthorized) trading activity by a third party. You acknowledge and accept that we may not be able to undo transactions executed bya third party through your Account.
4.5. Using the Wallet on our Platform is at all times at your own risk. We are not liable for loss of Cryptocurrency stored in your Wallet or transferred to or from your Wallet, including, but not limited to unauthorized access by a third party, loss or violation of your private key or transferring Bitcoin to an Ethereum address.
Article 5. Products
5.1. Products: You can only trade the Products that are available for trading on our Platform at the time you use the Platform. We reserve our rights to add and remove Products to and from our Platform at our sole discretion. Although we will do our best to inform you timely before removing a Product from our Platform, we reserve our right to do so without prior notice.
5.2. Cryptocurrency: The Cryptocurrency we support for the Products we offer for may change from time to time. We reserve our right to terminate support of aCryptocurrency on our Platform at our sole discretion. Although we will do our best to inform you timely before removing a supported Cryptocurrency from our Platform, we reserve our right to do so without prior notice.
5.3. Consequence of removal: If we remove a Product or Cryptocurrency from our Platform, any outstanding Order will be cancelled. You will be given the opportunity to withdraw the Cryptocurrency from your account.
5.4. Product terms & policies: Additional terms and contract specifications per Product apply, which terms and policies are available in the Knowledge Base on our Website. By placing an Order, you accept the terms and contract specifications that apply to the relevant Product.
5.5. Funds: You can only place an Order if you have sufficient funds in your Wallet or have sufficient margin balance available for trading. From time to time, at our sole discretion, we are entitled to adjust margin requirements that may result in a different available margin balance.
Article 6. Trading
6.1. No refunds: Placing Orders and making Trades is at your own risk. Any Trade you make, whether on purpose or by mistake, is final and can not be reversed. No refund of any Trade shall take place.
6.2. Reversing/adjusting Trades: We reserve our right to reverse a Trade or adjust the price of a Trade that we regard as being abnormal in respect of the price level to be expected from an orderly market.
6.3. Trading pause: We reserve our right to halt or limit the possibility to place Order sor make Trades on the Platform, without becoming liable to you for any alleged damages resulting from halting or limiting trading.
6.4. Trading restriction: We reserve our rights to limit your right to place Orders, cancel Orders and/or close your Positions without becoming liable for any alleged damages you may have incurred due to such measures.
6.5. Liquidation: If your available funds are insufficient for your Position(s), then your Positions will be incrementally closed against the then-available prices in the market until your funds are sufficient for the remaining of your Positions, in accordance with the applicable terms and policies for the relevant Product.
6.6. Bankruptcy: If your Positions have been liquidated and the amount of Cryptocurrency in your Wallet is insufficient to cover your (additional) losses, your Account is bankrupt. We will reset the balance of the relevant Cryptocurrency in your Account to zero by transferring funds from the Insurance Fund to your account.
6.7. Insurance Fund: The fund that will be used to cover for losses of bankruptcies. The balance of the Insurance Fund and terms that apply are available on our Website. If bankruptcies in a session deplete the Insurance Fund, any further losses will be covered by profits made by traders on the Platform on a pro rate basis. In such a case, all winning traders of a session would get taxed a percentage on their profits to cover for bankruptcies.
Article 7. API
7.1. Use & Availability: you acknowledge and accept that the API may not be available at all times. We are not responsible for any wrong Orders or other incorrect actions on our Platform when using our API.
7.2. Costs: Upon notifying you in advance, we are entitled to amend the fees that apply to the use of our API.
7.3. Discontinuation: We reserve our rights to, without prior notice, terminate the support of the API and to limit or suspend the functionality thereof.
Article 8. Fees & Withdrawals
8.1. Fees: You acknowledge and agree that fees will apply when you use our Platform. Depending on the type of Trade you conclude on our Platform, we will charge a transaction fee or grant a transaction rebate, which will be deducted from or added to the value of the Trade. The applicable fees and rebates per Product and per type of Trade may be amended from time to time and are available on our Website.
8.2. Withdrawal: You may withdraw your available Cryptocurrency from your Wallet, provided that i) your withdrawal request exceeds the minimum withdrawal requirement as communicated on the Platform, and ii) your available margin balance remains sufficient to uphold your Positions. The fee for a withdrawal depends on the current state of the network of the Cryptocurrency. We are not responsible, nor liable, for any fees that may apply to your withdrawal request.
8.3. Delay: You acknowledge and accept that we may not be able to immediately execute any withdrawal request (for instance due to offline storage of your Cryptocurrency). We use our best efforts to execute a withdrawal request within48hours. We are not liable for any alleged damages you claim to have incurred due to a delay in executing your withdrawal request.
8.4. Withdrawal freeze: We may suspend a withdrawal request and/or limit your right to withdraw Cryptocurrency for a period of time, for instance if we are required to investigate a request or suspect a violation of these Terms of Service, applicable law or other applicable terms.
Article 9. Liability
9.1. Limitation of liability: If we are liable as a result of an attributable breach of our obligations, an unlawful act or otherwise, our liability will be limited to compensation of only your direct damages to a maximum of the fees paid by you to us during the six(6) month period prior to the cause of action.
9.2. Indirect damages: Any liability for damage other than direct damage ("indirect damages"), including – but not limited to – consequential damages, loss and/or damage of data, loss of profits, business opportunity, revenue or goodwill as well as lost Trades or sales, is excluded.
9.3. Unavailability: We shall not be liable for any damages you may incur due to(parts of) the Platform or the API being (temporarily) unavailable.
9.4. No limitation: The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of our intentional or willful recklessness.
9.5. Notice of liability: We shall not become liable for the compensation of your damages before you have reported the damages to us in detail. Any claim for compensation will lapse if you have failed to report such claim within three months after your damages arose.
Article 10. Force Majeure
10.1. Force Majeure: any event beyond our reasonable control, such as – but not limited to – flood, extraordinary weather conditions, earthquake, or any other Act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, failure of our suppliers to comply with their obligations, a communications failure (including internet), power failure, or equipment or software malfunction shall qualify as a"Force Majeure Event".
10.2. Excused Performance: Any non-performance from our side that is the result of aForce Majeure Event shall not be attributable to us.
10.3. No liability: We shall not be liable for any damages which we could not prevent due to a Force Majeure Event.
Article 11. Warranties & Indemnification
11.1. Your warranties: you represent and warrant that:
11.1.1. You have accepted our Terms of Service when you create an Account;
11.1.2.You are at least 18 years old and have the capacity to create an Account and use the Platform;
11.1.3. You are not a resident or representative of an entity in the sense of article 2.4 of these Terms of Service;
11.1.4. if you are using our Platform on behalf of your organization, you are authorized to do so. The relevant organization will be liable for your actions, including any breach of these Terms of Service;
11.1.5. You, or any party affiliated with you, are not in any way sanctioned by or under investigation in relation to anti-money laundering laws, counterterrorism financing laws, anti-corruption laws, economic sanctions laws or related regulations;
11.1.6. You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose of activity;
11.1.7. You must not use the Website to copy, store, host, transmit, send, use publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke, logger, rootkit or other malicious computer software;
11.1.8. You shall not perform any (distributed) denial of service or other malicious attacks, or conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting);
11.1.9. You only deposit, trade and withdraw Cryptocurrency that are your own and that have been legally obtained in your Account;
11.1.10. the Cryptocurrency deposit addresses and withdrawal addresses you have provided to us are your own and that you have full control over these addresses;
11.1.11. You are aware of the risks using our Platform, including, but not limited to, high volatility risk of Cryptocurrency and the fact that you may loss all your Cryptocurrency in your Account if the market moves against you;
11.1.12. You will at all times comply with applicable laws and regulations;
11.1.13. You have knowledge and experience in trading the Products we offer and are aware of the risks related to our Platform and services, including losing all the Cryptocurrency you deposit to your Wallet;
11.1.14. You will not be involved or initiate any form of market manipulation, including spoofing orders or otherwise; and
11.1.15. The information and documents you provide are correct, genuine and up to date.
11.2. Upon our first request, you will indemnify us from all third-party claims resulting from or related to your breach of these Terms of Service, applicable law, or any of the terms that apply to your use of our Platform, as made available on our Website.
Article 12. Privacy
12.1. Use of personal data: You warrant that the personal details you provide to us are at all times correct and up to date. We will at all times process your personal data in accordance with our Privacy Policy.
Article 13. Intellectual Property Rights
13.1. Ownership: The Intellectual Property Rights in relation to our Platform, are held by us or our licensor(s). Nothing in these Terms of Service may be interpreted to constitute a transfer of Intellectual Property Rights from one party to the other.
13.2. License: Under the condition that you comply with these Terms of Service, you are granted a non-exclusive, non-sublicensable and non-transferable right to access and use the Platform, including our Website, your Account and all materials made available on our Platform for your own personal use and to the extent required for your use of our services.
Article 14. Suspension & Termination
14.1. Termination by you: You are entitled to terminate your agreement with us by sending an email to the address provided on our Website.
14.2. Suspension: if we suspect that you have breached these Terms of Service, applicable law and/or the trading terms provided on our Website, we may temporarily suspend your Account and limit your trading. We are entitled to limit your right to place Orders, cancel Orders and/or close your Positions during this investigation. Deposits or withdrawals of Cryptocurrency may be limited by us. We are not liable for any alleged damages you may have incurred due to such measures.
14.3. Termination by us: We reserve our rights to terminate your Account at any time and without stating reasons. Unless we are required otherwise by applicable law or a judicial order, we will provide a notice period of seven days before your Account is terminated. In this notice period you will be able to close your Positions and withdrawCryptocurrency from your Wallet. After the notice period has lapsed, we are entitled to immediately close any Positions that may still be open and return any remaining Cryptocurrency to you. We will not be liable for any damages you may incur due to us invoking our right to terminate your Account.
14.4. Survival: The terms of these Terms of Service that are constituted to survive termination of our agreement shall remain applicable in case of termination of such agreement, including, but not limited to the following articles: Article 2, Article 9, Article 11, Article 12, Article 14, Article 15, Article 16 and Article 17.
Article 15. Enforceability
15.1. Enforceability: If at any time any provision of these Terms of Service is or becomes illegal, void or invalid, such invalidity shall not affect the validity of the remainder of the Terms of Service. We will replace such invalid provision by such other provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
Article 16. No Waiver
16.1. Any failure or delay by us to enforce any provision of these Terms of Service or to exercise any right under these Terms of Service will not be construed as a waiver to any extent of our rights.
OrangeX Privacy Notice
Welcome to the Orangex Privacy Notice ("Privacy Notice"). This Privacy Policy (this "Policy") applies to the trading platform (including any applicable mobile applications and websites used to access the same) (collectively the "Platform") provided by OrangeX Limited (the "Company," "we," "us" or "our"). It describes how the Company collects, uses, and discloses Personal Information that we obtain from Users of the Platform and any account services provided through the Platform, and how we use and disclose that information. For purposes of this Policy, "Personal Information" refers to information supplied by a User from which the identity of such user may be directly or indirectly determined.
By registering for and using the Platform, you agree that your Personal Information will be handled as described in this Policy and the Terms and Conditions applicable to the Platform (the "Service Agreement"); capitalized terms used herein shall have the same meaning as set forth in the Service Agreement.
Our duties and your duties in case of changes
We regularly review our Privacy Notice. This version was last updated on the date above written. Please check from time to time for new versions of the Privacy Notice. We will also additionally notify you of any material changes in this Privacy Notice in a manner which will effectively bring the changes to your attention.
It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
The Site and any applicable web browser, the App or application programming interface required to access the Services ("Applications"), may include links to third-party websites, plug-ins and applications ("Third-Party Sites"). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these Third-Party Sites and are not responsible for their privacy statements and policies. When you leave our Site or Applications, we encourage you to read the privacy notice or policy of every Third-Party Site you visit or use.
What data we collect about you
Personal data
Personal data, or personal information means any information that relates to an identified or identifiable living individual. This includes information you provide to us, information which is collected about you automatically, and information we obtain from third parties.
A "data subject" is an individual who can be identified, directly or indirectly, by personal data. This is usually by reference to an identifier such as a name, 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.
We collect the following types of information from you:
| Category of personal data | Examples of specific pieces of personal data |
| Identity Data |
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| Contact Data |
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| Financial Data |
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| Transactional Data |
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| Technical Data |
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| Profile Data |
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| Usage Data |
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| Marketing and Communications Data |
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As explained above under Identity Data, we will also collect a visual image of your face which we will use, in conjunction with our sub-contractors (See Section Disclosures of Your Data below), to check your identity for onboarding and fraud prevention purposes. This data falls within the scope of special categories of data.
How we collect your data
We use different methods to collect information from and about you, including through:
Direct interactions. You may provide us with your Identity Data, Social Identity Data, Contact Data, Financial Data, Profile Data and Marketing and Communications Data by directly interacting with us, including by filling in forms, providing a visual image of yourself via the Service, by email or otherwise. This includes personal data you provide when you:
- Visit our Site or App;
- Apply for our Services;
- Create an account;
- Make use of any of our Services;
- Request marketing to be sent to you, for example by subscribing to our newsletters;
- Enter a competition, promotion or survey, including through social media channels; or
- Give us feedback or contact us.
Automated technologies or interactions. As you interact with us via our Site or App, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other online identifiers. We will also collect Transactional Data and Usage Data. We may also receive Technical Data and Marketing and Communications Data about you if you visit other websites employing our cookies. You may find more information about how we use cookies through the Cookie Preferences.
Social media widgets and similar links. Our Site may contain links, social media plug-ins, "widgets", "tweet", "share" and "like" buttons linked to social media platforms such as Facebook, X (Twitter), Instagram, Threads, Discord, LinkedIn, Reddit and Telegram.
How we use your data
Lawful basis
We will only use your personal data when the applicable legislation allows us to. In other words, we must ensure that we have a lawful basis for such use.
Most commonly, we will use your personal data in the following circumstances:
performance of a contract: means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract; we use this basis for provision of our Services;
legitimate interests: means our interests (or those of a third party), where we make sure we use this basis as far as your interests and individual rights do not override those interests;
compliance with a legal obligation: means processing your personal data where we need to comply with a legal obligation we are subject to;
consent: means freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to you; under specific circumstances this consent should be explicit – if this is the case, we will ask for it properly.
Purposes for which we use your personal data
We have set out below, in table format, a description of 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. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose and/or activity | Categories of personal data | Legal basis for processing |
| To register you as a new customer |
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| To carry out and comply with anti-money laundering requirements |
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| To process and deliver the Services (including products offered by third-party service providers with whom we work) and any App features to you, including to execute, manage and process any instructions or orders you make through the Services |
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| To prevent abuse of our Services and promotions |
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| To manage our relationship with you which will include asking you to leave a review, take a survey or keeping you informed of our company's business and product development |
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| To keep our recordsupdated and to studyhow customers use ourproducts/services |
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| To manage, process, collect and transfer payments, fees and charges |
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| To obey applicable legislation and handle complaints, including: manage risk and crime prevention involving performance of anti-money laundering, counter terrorism, sanction screening, fraud and other background checks detect, investigate, report and prevent financial crime in a broad sense and ensure your account's security, in order to honor requests regarding information and/or changes to your account |
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| To enable you to partake in a prize draw, competition or complete a survey |
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| To gather market data for studying customers' behavior including their preference, interest and how they use our products/services, determining our marketing campaigns and growing our business |
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| To administer and protect our business, our Site, App(s) and social media channels including bans, troubleshooting, data analysis, testing, system maintenance, support, reporting, hosting of data |
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| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
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| To use data analytics to improve our website, products/services, marketing, customer/user relationships and experiences |
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| To make suggestions and recommendations to you about goods or services that may be of interest to you |
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| To use the services of social media platforms or advertising platforms some of which will use the personal data they receive for their own purposes, including marketing purposes |
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| To use the services of and enter into partnerships with, financial institutions, third-party partners whose products form a part of the Services offered, crime and fraud prevention companies, risk measuring companies, which will use the personal data they receive for their own purposes in their capacity of independent controllers |
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Automated Decision Making
What is an automated decision?
Automated decision is usually a decision that may impact you and is made automatically based on software algorithms, without human intervention. As an illustrative example, we use automated decisions to complete the onboarding process of a new customer or to perform anti-fraud monitoring.
Why is an automated decision important to you?
Depending on the particular case, using your personal data may lead to automated decisions being taken (including profiling) that legally affect you or similarly significantly affect you.
How do we protect your interests regarding automated decisions?
The rights and interests of individuals whose personal data undergoes automated decision-making is safeguarded through appropriate measures. When an automated decision is made about you, you have the right to oppose the decision.. If you need more detailed information or wish to exercise this right, please contact us.
Marketing
We may use your Identity Data, Contact Data, Technical Data, Transactional Data, Usage Data and Profile 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 products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us and consented to receive marketing communications, or if you have purchased from us and you have not opted out of receiving such communications. We will use your Marketing and Communications Data for our respective activities.
Third-party marketing
We will obtain your opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
Youmay opt out of marketing communications at any time by following the opt-out links on any marketing message sent to you.
Further, you can login and cancel the marketing messages in Notifications.
Where you opt out of receiving marketing messages, this will not apply to service messages which are directly related to the use of our Services (e.g. maintenance, change in the terms and conditions and so forth).
Our Use of Cookies and Other Tracking Mechanisms
We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Platform. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).
Cookies.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Platform, while others are used to enable a faster log-in process or to allow us to track your activities at our Platform. There are two types of cookies: session and persistent cookies.
Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Platform. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Platform.
Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
Please note that our systems do not currently respond to do-not-track signals.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The general settings on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Users of our Platform who disable cookies will not be able to browse certain areas of the Platform.
Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Platform. We also may use other analytic means to evaluate our Platform. We use these tools to help us improve our Platform, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your Personal Information with these third parties.
Change of purpose
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.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Sale or transfer of business
We may share your personal data with our third-party service providers, agents, subcontractors and other associated organizations, our group companies, and affiliates (as described below) in order to complete tasks and provide the Services and use of the App to you on our behalf. When using third party service providers, they are required to respect the security of your personal data and to treat it in accordance with the law.
We pass your personal data to the following entities:
- Companies and organizations that assist us in processing, verifying or refunding transactions/orders you make and in providing any of the Services that you have requested;
- Third-party service providers with whom we work and whose products, services or applications are hosted/integrated on our Site and App;
- Identity verification agencies to undertake required verification checks;
- Fraud or crime prevention agencies to help fight against crimes including fraud, money-laundering and terrorist financing;
- Anyone to whom we lawfully transfer or may transfer our rights and duties under the relevant terms and conditions governing the use of any of the Services;
- Any third party because of any restructure, sale or acquisition of our group or any affiliates, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us; and
- Regulatory and law enforcement authorities, whether they are outside or inside the Republic of Seychelles, where the law allows or requires us to do so.
Specifics regarding the use of blockchain
The blockchain technology used in the provision of certain Services operates on a decentralized network, where transactions are recorded in an immutable and transparent manner. This characteristic ensures the integrity and security of the data stored on the blockchain. However, it also means that once data is added to the blockchain, it becomes virtually impossible to remove or delete it.
Transfer of Information
Please note, we may store your Personal Information on servers located in the countries where our main offices are located. If such jurisdiction is outside your jurisdiction of residence, you consent to the transfer of your Personal Information to such jurisdiction for purposes of providing the Platform to you, even if such other jurisdiction has less protection for Personal Information than your jurisdiction of residence. We will ensure that security provisions are in place consistent with our obligations to maintain the security of your Personal Information under the laws of your jurisdiction of residence.
Data security
While there is an inherent risk in any data being shared over the internet, we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, damaged, or accessed in an unauthorised or unlawful way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
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); and
- 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.
Data retention
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, regulatory, tax, accounting or other requirements.
Here are some exemplary factors which we usually consider when determining how long we need to retain your personal data:
- in the event of a complaint;
- if we reasonably believe there is a prospect of litigation in respect to our relationship with you or if we consider that we need to keep information to defend possible future legal claims (e.g. email addresses and content, chats, letters will be kept up to 10 years following the end of our relationship, depending on the limitation period applicable in your country);
- to comply with any applicable legal and/or regulatory requirements with respect to certain types of personal data:
- under the Seychelles AML CFT Act we are obliged to retain your personal data for a period of at least 7 years after the end of the relationship between us as a company and you as a customer; this period may be further extended in certain cases if so provided by and in accordance with the applicable legislation;
- if information is needed for audit purposes and so forth;
- in accordance with relevant industry standards or guidelines;
- in accordance with our legitimate business need to prevent abuse of the promotions that we launch. We will retain a customer’s personal data for the time of the promotion and for a certain period after its end to prevent the appearance of abusive behavior.
Your legal rights
You have rights we need to make you aware of. The rights available to you depend on our reason for processing your personal data. If you need more detailed information or wish to exercise any of the rights set out below, please contact us.
You may:
- Request access to your personal data;
- Request rectification of your personal data by asking us to rectify information you think is inaccurate and to complete information you think is incomplete (subject to our verification of the accuracy of the new data you provide to us);
- Request erasure (cancellation or deletion) of your personal data; 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. In addition, please also check sub-section "Specifics regarding the use of the blockchain" above;
- Object to the 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; in some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms; you also have the right to object where we are processing your personal data for direct marketing purposes;
- Require that decisions be reconsidered if they are made solely by automated means, without human intervention (detailed explanation in Section 6 above);
- Request restriction of processing your personal data, which enables you to request us to suspend the processing of your personal data, if you want us to establish the data accuracy; where our use of the data is unlawful; 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 if you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it;
- Request the transfer of your personal data to you or to a third party, and we will provide to you, or a third party you have chosen (where technically feasible), 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 a contract with you;
- 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 products or services to you, but we will advise you if this is the case at the time you withdraw your consent;
- Complain to the Seychelles’ Information Commission, or you may also contact your local competent data protection authority about any perceived violation and to seek compensation for damages in the courts.
No fee usually required
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 manifestly unfounded or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
Period for replying to a legitimate request
Considering the various requirements of the privacy legislation we are subject to we aim to reply to a legitimate request within one month.
Please note that we may request that you provide some details necessary to verify your identity when you request to exercise a legal right regarding your personal data.
Contact Us
You may contact us at support@orangex.com for any issues in relation to the processing of your personal data.