Terms Of Use & Privacy Policy

Terms of Use – “Zooxer”

Date: 10/11/2017

1. Introduction

1.1. The use of the website Zooxer.net and/or the add-on “Zooxer”, which is, among other things, a utility tool for trading in forex and certain markets which is embedded on the “MetaTrader 4” platform (the “Website and/or Add-on” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy of the Website and/or the Add-on and according to any applicable law. By using the Website and/or Add-on, You signify that You agree to be bound by the Terms.

1.2. The use of the Website and/or Add-on is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.

1.3. The purpose of the Terms is to regulate the relations between the operator of the Website and/or Add-on (the “Operator”) and any person and/or entity using and/or accessing the Website and/or Add-on and the Service of the Operator. By using the Website and/or the Add-on, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and/or the Add-on and refrain from any use of the Website and/or the Add-on. The Operator reserves its right to terminate Your use of the Website and/or Add-on if You will not comply with any or all of the Terms.

1.4. The Terms determine Your access to the Website and/or Add-on and will apply to any of Your use in the Website and/or Add-on including, but not only, use of data, content and services in the Website and/or Add-on or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website and/or Add-on.

1.5. The Operator reserves its right to terminate Your use of the Website and/or Add-on if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website and/or Add-on at the time of Your use of the Website and/or Add-on. Therefore and prior to any use of the Website and/or Add-on, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website and/or Add-on.

1.6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website and/or Add-on, the provisions of the Terms shall prevail.

1.7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.8. The Service is active and accessible with accordance to the relevant Forex trading times, and You may use the Service at such times. However, the activity of the Website and/or Add-on may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.

1.9. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator from Sunday till Thursday between 11:00 to 17:00 Israel Time by email: office@zooxer.net. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.10. It is hereby clarified that You agree and You are aware that any use of the Add-on and reliance in the information appearing in the Services and any trading activity including forex trading is at Your own responsibility. All information available in the Service including any content appearing in the Website is intended solely for basic knowledge and does not replace any financial consulting and shall not be considered as any binding recommendation, and You will have no claim against the Operator and/or anyone on the Operator’s behalf in case of and damage which may occur resulting from Your reliance of such information You were exposed to during Your use of the Service including any claim of loss of funds resulting from any trading using the Add-on. You hereby warrant that You are aware of the financial risk of using the Add-on.

1.11. The Add-on can be used on the “MetaTrader 4” platform which is a separate and independent system which has no relation or connection to the Operator and is not controlled by the Operator. Should You have any problems with this system, You are advised to contact its operator, and You are also advised to read the terms of use of the “MetaTrader 4” system for further details

 

2. Definitions

Content” means the Website and/or Add-on, blogs, information on forex trade available in the Website and/or Add-on, quotes and/or other details which are provided by third parties, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.

Service” means the Website and/or Add-on, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.

Account” means the account opened by Your name in the Website including Your registration or any other use of the Service without creating an account.

Website and/or Add-on Errors” means any interruption in the Website’s and/or Add-on’s availability due to reasons which are not directly controlled by the Operator.

You” or ”Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.

Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website and/or Add-on during Your use of the Website and/or Add-on.

 

3. About the Terms

3.1. These Terms constitute a separate agreement between You and the Operator. It is hereby clarified and agreed that the Operator provides solely a Add-on which is used, among other things, as a utility tool for forex trading and trading in other markets which can be used on various systems including, but not only, “MetaTrader 4” and therefore shall have no liability for any violation of the Terms by other Users including any dispute or claim between parties using the Service, and in case of any violation of your rights by any other User, all claims You may have should be addressed to such violating party and You shall have no claims and/or demands against the Operator. Furthermore it is clarified that “MetaTrader 4” is a separate and independent system which is operated by a different operator and there are no business relations between the Operator and the operator of “MetaTrader 4”.

3.2. It is hereby clarified that only the Terms shall bind the Operator. Any advertising available in the Website and/or Add-on shall not be considered as the Operator’s recommendation or opinion regarding the willingness of the advertised Content.

3.3. In order to use the Add-on, You are required to open an account by filling a form in the Website and acquire a license from the Operator. It is clarified that the account and the license are personal and non-transferrable.

3.4. Using the Website and/or the Add-on and acquiring a license is currently free of charge for a limited time as will be determined by the Operator from time to time. However, the Operator reserves its rights at any time and under its sole discretion to charge any costs for any use of the Website and/or Add-on and acquiring a license, in whole or in part, and reserves its rights to add additional features to the Website and/or Add-on which their use may be subject to payment by You and You shall have no claim against the Operator in such case.

 

4. Warning, Liability and Limitation of Liability

4.1. The Users of the Service, whether as traders via the Add-on or users of solely the Website, will be bound to the following terms in addition to all the Terms in this agreement. It is hereby clarified that none of the Content available on the Website and/or Add-on shall be considered as any of the Operator’s opinion, recommendation or advice regarding any trade including forex trade and regarding its profitability.

4.2. Any use of the Website and/or Add-on and any Content appearing in them should be used solely for basic knowledge and may not be considered as personal consulting, expert opinion, recommendation or any offer including, but not only, an offer to purchase, hold or sell foreign currency or any other trade, and shall not be considered as a recommendation or consultation regarding any transactions including forex transactions. The Content provides only general knowledge and is not a replacement for the User’s independent judgment and shall not be considered as a consultation of a licensed investor adviser. It is clarified that the Operator is not making any personal calculations regarding the data, needs and unique goals of the User and does not provide any personal consultation regarding any specific transactions which fit the User’s needs and wills.

4.3. The Operator does not warrant to You that any of Your actions using the Add-on will provide You with a certain profit or yield, if any, and You are aware of the risks of Your use and You are aware that Your use is speculative. The Operator will not be liable under no circumstances to any damage and/or loss resulting from Your reliance on the Content and the Operator may not be considered as an entity which warranted any service and/or yield. Any recommendations appearing in the Website are for illustrative purposes only and should not be relied on.

4.4. The Website and/or Add-on will display various information including, but not only, exchange rates, trade activity times, various events, other quotes, notifications, financial events and more. Such information is taken from third party sources which are not controlled by the Operator and therefore the Operator shall not be liable for the correctness, accuracy and completion of such information.

4.5. The Operator enables the User to upload Content including, but not only, replies to articles uploaded by the Operator (“User Content”). The following terms shall apply to the User Content in addition to the Terms.

4.6. You hereby warrant to the Operator that You will not upload and/or post, including to Your user profile, any Content including User Content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code and/or Add-on containing viruses, malicious software and harmful Add-ons, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users and specifically the Website and/or Add-on Users.

4.7. It is forbidden to use a false identity, to impersonate, and to mislead the Operator and/or the Users in any way whatsoever.

4.8. It is hereby clarified that any User Content and any article available in the Website and any answer of another User in the Website should be considered as content which is solely general information. Any question or answer doesn’t replace any professional and individual consulting including investor advising and any personal advising. Any of Your use of the information in Website and/or Add-on doesn’t form any service provider-client relationship between You and the Operator, and any reliance on such information is at Your sole responsibility. It is hereby clarified that the Operator is not liable to any of Your actions which derive from Your reliance on such information.

4.9. The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Website and/or Add-on without prior notice and under its sole discretion, and the User will have no claims against the Operator in such case.

4.10. The Operator and/or anyone on the Operator’s behalf is not responsible for any Content posted by users of the Website and/or Add-on and/or any data appearing in the Add-on and/or Website which is taken from external sources (which are known as third parties) and has no ability to inspect such content, and therefore cannot filter any of the Content and ensure its compliance with the Terms.

4.11. The Operator doesn’t control any Content posted and/or uploaded to the Website and/or Add-on and therefore cannot ensure or guarantee the accuracy and/or quality of any User Content and/or certain trade data appearing in the Website and/or Add-on. You understand that during Your use of the Website and/or Add-on, You may be exposed to content which may be offensive, disturbing and/or inconvenient to You. Under no circumstances may the Operator be liable for any User Content including any error and/or omission of User Content and/or for any loss and/or damage of any kind caused by You and/or to You resulting of any of Your use of any Content which was published, uploaded, sent by email and/or available on the Website and/or Add-on in any way. You are aware that the Operator cannot bear any liability for any comment and/or reply You may receive regarding and discussion and/or comment and/or any other User Content posted by You. The Operator shall not be liable for any opinions and/or content and/or messages of other Users uploaded to the Website and/or Add-on and shall not be liable for publishing of any data and/or information in the Operator’s Service.

4.12. You hereby agree and understand that the Operator has the right (but not the obligation) to refuse to publish and/or the right to remove at any time any User Content, at the Operator’s sole discretion, and the Operator reserves its rights to modify and/or remove any User Content at the Operator’s sole discretion and without giving prior notice. Without derogating from the above, the Operator has the right to remove any User Content which is violating the Terms and/or which is reported as inappropriate, and the Operator reserves its rights to refuse to provide services without giving prior notice to any user violating the Terms and/or violating other users’ rights.

4.13. You must be cautious and aware of the risks of using the Add-on and Your reliance and/or reading the Content and/or various trading details in the Website and/or Add-on, and You hereby warrant that any use of an advice and/or recommendation in the Website is at Your own responsibility and You will not have any claim against the Operator and/or anyone on its behalf regarding any damage occurred to You resulting from any use of such advice or recommendation.

4.14. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Website and/or Add-on and/or resulting from Your reliance on any Content and Service available in the Website and/or Add-on including any messages, graphs and trends. The User shall have no claim regarding his reliance on such information available on the Website and/or Add-on and regarding the fact that based on the information and Content the User did not use other services including, but not only, individual consulting. You will have no claim regarding information and Content published and available on the Website and/or Add-on and the Operator shall not be liable for any information and Content published on the Website and/or Add-on and/or information acquired by third parties through the Website and/or Add-on.

4.15. In the Website and/or Add-on You may find various recommendations including, but not only, articles of the Operator. It is clarified that advertising and/or displaying of Content and/or any other things displayed in the Website and/or Add-on shall not be considered as a recommendation or encouragement to engage in Forex trading and/or stock trading and/or use of any product and/or service of the Operator, and the Operator is not liable for any of the Your actions resulting from Your reading of the Content available in the Website and/or Add-on. It is clarified that none of the information available on the Website should be considered as mandatory information and/or advice and You shall consult an investment advisor or any other relevant qualified professional regarding any information available on the Website and/or Add-on, and You will not have any claim against the Operator regarding any damage caused to You and/or any third party resulting from Your reliance on information available on the Website and/or Add-on.

4.16. The Operator does not warrant that all links available on the Website and/or Add-on, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website, and the existence of such link shall not be considered as any opinion, recommendation, or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links are available on the Website and/or Add-on.

4.17. The Services available on the Website and/or Add-on may be interrupted and/or may face errors. The Operator does not warrant that the Website and/or Add-on will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or User Content uploaded by You. It is clarified that the Add-on is using the “MetaTrader 4” platform and any error in such platform is not controlled or related to the Operator, and You will have no claims against the Operator and/or anyone on the Operator’s behalf regarding any error or problem in the “MetaTrader 4” platform.

4.18. The information and Services available on the Website and/or Add-on may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use of the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.

4.19. You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in the User Content You uploaded and/or sent, whether received or sent by You or not.

4.20. The Operator has no responsibility for any content appearing in advertisements appearing in the Website including any commercial offers from third parties. Any claims and/or demands You may have regarding an offer to purchase a service and/or product, whether concerning receiving of such product or service and whether concerning its outcome should be addressed to such third party which provided and/or warranted to provide such service and/or product, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding any offer of service and/or product.

 

5. User’s Warranties

5.1. You hereby warrant to the Operator that You will not send through the Website to any third party which its details are available in the Website and/or Add-on and You will not publish, post and/or upload in discussions any advertising materials and/or any content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code and/or Add-on containing viruses, malicious software and harmful Add-ons, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users and specifically the Website and/or Add-on Users.

5.2. Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the Website and/or Add-on immediately and to block Your access to the Website and/or Add-on without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore, in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.

 

6. Contacting Third Parties

6.1. You are solely responsible for contacting any third parties including, but not only, any private conversation with other Users. You hereby declare that You are aware that the Operator doesn’t necessarily verify all the information available on the Website and/or Add-on, and You shall not have any claim against the Operator regarding false information received by another User. Without derogating from the above, the Operator reserves its rights, at any time, to monitor, inspect, verify and/or filter any Content uploaded by third parties.

6.2. The ownership and the intellectual property rights of contents of third parties displayed in the Website and/or Add-on including in the “MetaTrader 4” system is owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website and/or Add-on. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Service, including any future changes to the Third Party Agreements.

 

7. Intellectual Property

7.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator. It is clarified that the Operator does not claim any intellectual property rights or any other rights regarding the “MetaTrader 4” system.

7.2. Without derogating from the above, the Website and/or Add-on, the discussions, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.

7.3. You may not copy, reproduce (except as noted in the Terms), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website and/or Add-on without the Operator’s prior and written consent.

7.4. You may use the Content for Your own personal use and not make any commercial use of the Content. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.

7.5. You warrant no to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will not copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent. The above does not apply for any use intended for research and instruction.

7.6. By using the Website and/or Add-on You agree that as long as the Website and/or Add-on is active, any of Your User Content will be used without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights including any violation of the Israeli Copyright Law Act-2007 and/or any other applicable law. It is clarified that the Operator may use any User Content under its sole discretion provided that such use will be reasonable and legal by any applicable law.

7.7. The Operator may, at its sole discretion, add to the User Content its name, logo or any other text.

7.8. The ownership and the intellectual property rights of contents of third parties including in the “MetaTrader 4” system and images displayed in the Website and/or Add-on are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website and/or Add-on. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website and/or Add-on, including any future changes to the Third Party Agreements.

7.9. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address office@zooxer.net.

 

8. Indemnification

You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party's intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.

 

9. Use of Personal Information

9.1. The Operator respects the privacy of all users of the Website and/or Add-on. Information regarding use of Your information can be found in the Privacy Policy.

9.2. Upon registration, You will be requested to choose a username and a password and to provide some personal details. Such details are necessary in order to allow You to access limited areas in the Website and/or Add-on. It is Your responsibility to keep such details with discretion and to update Your username and password occasionally so only You will be able to use them. The Operator and/or anyone on the Operator’s behalf will not be liable for any unauthorized use of Your account and/or personal area by anyone who uses Your details without Your permission.

 

10. Mailings

10.1. The Operator offers to all its users to receive email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails and text messages (the “Mailings”).

10.2. Upon registration, You may be requested to provide personal information such as phone number and email address. You will also be given the choice to accept to receive Mailings by checking a checkbox for that purpose to your email and mobile phone device, and this will be considered as Your consent to receive Mailings. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.

10.3. For the avoidance of any doubt, the above terms in this section 10 are bound to the Israeli Communication Law (Telecommunication and Broadcasting-1982).

 

11. Security

11.1. The Website and/or Add-on are protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and/or Add-on and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website and/or Add-on including, but not only, theft of information of other users and breaching the security mechanisms of the Website and/or Add-on. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and/or Add-on and taking legal actions against You in such case.

11.2. Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Website and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.

 

12. Term and Termination

12.1. This Agreement commences on the day You start using the Website and/or Add-on and continues until You refrain from any use of the Website and/or Add-on and the Operator’s services.

12.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of (i) and (ii) of this section the Operator shall, where possible, give reasonable notice of such termination.

12.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time.  You are responsible to check any updates of the Terms by entering the Terms from time to time. Your continuation of using the Website and/or Add-on will be considered as consent to such amended terms.

12.4. The Operator reserves its rights to shut down the Website and/or Add-on or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.

12.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.

 

13. General Terms, Governing Law and Messages

13.1. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

13.2. The Account in the Website and/or Add-on including any license acquired by You are personal and non-transferrable.

13.3. If You have any inquiries regarding the Terms, You may address the Operator via email address office@zooxer.net.

13.4. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.

13.5. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.

13.6. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the third business day after mailing, (iii) 4 hours after sending an email till 12:00 PM with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.

 

 

Privacy Policy – “Zooxer”

Date: 10/11/2017

This privacy policy (the "Privacy Policy") is an integral part of the terms of use and both documents should be read together.

The Website Zooxer.net and/or add-on “Zooxer” (the “Website and/or Add-on”), operated and managed by the Operator (the “Operator”) is, among other things, a tool for trading in forex and certain markets which is embedded on the “MetaTrader 4” platform (“You” or the “Users” and the “Service”).

The Operator respects the privacy of its users. In order to improve the protection of the Users, the Operator publishes this Privacy Policy regarding how the Operator collects Your information from Your use of the Website and/or Add-on.

1. General

1.1. As part of Your use of the Website and/or Add-on, You will be required to provide the Operator certain details including your name and email address.

1.2. During Your use of the Website and/or Add-on, information regarding Your use of the Website and/or Add-on may be collected including services You were interested in, webpages You viewed and discussions You participated in. Such information is statistic and does not identify You.

 

2. Database and Use of Information

2.1. All collected information as stated above is stored in the Operator’s database. The Operator warrants to use such information according to the Privacy Policy and/or according to any applicable law and for the following purposes:

  • Enabling convenient and efficient use;
  • Manage Your Account;
  • Improve and enrich existing services and content;
  • Modify and/or remove existing services and content;
  • Perform research and provide statistic information to third parties, including advertisers (in such case, the provided information will not identify You);
  • Enforce the Operator’s Terms;
  • Activating Your Account;
  • Providing You unique services;
  • Any other purpose detailed in the Terms and this Privacy Policy.

 

3. Storing Information and Mailings

3.1. User details provided by You will be bound to the Privacy Policy, and You hereby agree that such information will be stored in the Operator’s databases for the following purposes:

 

3.1.1.   Marketing, advertising, sales promotion and addressing the User by any available media (including in writing, by phone, fax, electronic form and any other form);

3.1.2.   Encouraging loyalty, research and analyzing of statistics, conducting surveys and any other use regarding registration to the Website;

3.1.3.   Internal uses including investigating complaints and/or reviews;

3.1.4.   Operational marketing and statistical purposes including processing information and mailings for such purpose;

3.1.5.   Providing services to You and ensuring fair and lawful use.

 

3.2. You acknowledge that You have no legal obligation to provide the Operator with such information and any providing of information is done at Your consent. Furthermore, the Operator may, for the above purposes, transfer such information which will not identify You, anonymous or aggregative, regarding Your use of the Website and/or Add-on, to entities which are collaborating with the Operator’s activity and to any other entity which will provide services and benefits to the Users under the Operator’s sole discretion.

3.3. With accordance to Your consent, the Operator may address You from time to time with mailings during Your use of the Website via email, SMS, fax, social media, automatic voice calls and/or phone and/or by sending notifications through the Add-on, unless otherwise requested from You.

 

4. Transferring Information to Third Parties

The Operator may transfer and/or share Your information in the following events and circumstances:

  • When You have permitted the Operator to transfer and/or share Your information;
  • When You violate the Terms of the Website and/or Add-on or act illegally;
  • To enforce the Terms or the Privacy Policy;
  • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency;
  • To establish or exercise the Operator’s legal rights;
  • To defend against legal claims; or as otherwise required by law. In such cases, the Operator may raise or waive any legal objection or right available to the Operator, in the Operator's sole discretion;
  • When the Operator believes disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing;
  • To protect and defend the rights, property or safety of the Operator, its Users, employees or others;
  • In connection with a substantial corporate transaction, such as the sale of the Operator’s business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of liquidation.

 

5. Cumulative and Non-Personal Information

The Operator may use cumulative and non-personal information which the Operator collected as detailed above. The Operator may combine non-personal information which the Operator collected with non-personal information collected from other sources. Furthermore the Operator may share cumulative information with third parties including advisors, investors and advertisers for business analysis. For example, the Operator report to its advertisers the number of visitors of the Website and the most popular services, characteristics and products. Such information is not personal and may be used in order to develop content and services which will assist the User and will adjust content and advertisement.

 

6. Third-Parties

6.1. There are a number of places on the Website and/or Add-on where You may click on a link to access other websites and/or Add-ons that do not operate under this Privacy Policy and are not related to the Operator including, but not only, links related to the “MetaTrader 4” system. These links may independently solicit and collect information, including personal information, from You and, in some instances, provide the Operator with information about Your activities on those links.

6.2. Every third party to which the Operator may disclose personal information may have its own privacy policy describing its use of personal information, and such policy will regulate the use, handling and disclosure of such personal information of the User after the Operator shared it with third parties as detailed in this Privacy Policy. Should You require additional information regarding any privacy policy of third parties, The Operator recommends that You visit these third-party websites.

6.3. The Operator may allow third parties, including its authorized service providers, advertising companies and advertising networks to display advertisements in the Website and/or Add-on. Such entities may use tracking technologies such as cookies in order to collect information regarding users which are viewing or interacting with their advertisements. The use of such cookies is with accordance to their privacy policy and not to this Privacy Policy of the Operator.

 

7. Your Choices About Collection and Use of Your Information

7.1. You can choose not to provide the Operator with certain information, but that may result in You being unable to use certain features of the Website and/or Add-on since such information is necessary in order to enable You to register to the Service for the purpose of uploading User Content and embedding the Add-on to the “MetaTrader 4” system.

7.2. Upon registration to the Service and upon agreeing to receive Mailings, the Operator may, with accordance to any applicable law, send You Mailings which include email messages and/or newsletters about service updates, improvements, special offers, or special content. The Operator may send You other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys. If the Operator has already provided Your information to a third party before You have changed Your preferences or updated Your information, You may have to change You preferences directly with that third party.

 

8. Use of Cookies

8.1. The Operator uses various technologies to collect information from Your device and about Your activities on the Website and/or Add-on.

8.2. The Operator automatically collects information from Your browser when You visit the Website and/or Add-on. This information includes Your IP address, Your browser type and language, access times, the content of any undeleted cookies that Your browser previously accepted from the Operator and the referring website address.

8.3. Cookies: When You visit the Website and/or Add-on, the Operator may assign Your computer or mobile device one or more cookies, to facilitate access to the Website and/or Add-on and to personalize Your online experience. Through the use of a cookie, the Operator also may automatically collect information about Your online activity on the Website and/or Add-on, such as the web pages You visit, the links You click, and the Landing Pages you view in the Website and/or Add-on. Most browsers automatically accept cookies, but You can usually modify Your browser setting it to decline cookies. If You choose to decline cookies, please note that You may not be able to use some of the features offered on the Website and/or Add-on.

8.4. The Operator may use standard internet technology, such as web beacons and other similar technologies, to track Your use of the Website and/or Add-on. The Operator also may include web beacons in promotional email messages or newsletters to determine whether messages have been opened and acted upon. The information the Operator obtains in this manner enables the Operator to customize the services the Operator offers visitors to the Website to deliver targeted advertisements and to measure the overall effectiveness of the Operator’s online advertising, content, programming or other activities.

 

9. Data Security

9.1. The Operator takes appropriate security measures for data security purposes to help prevent unauthorized persons from gaining access to Your personal information. However, no system can be completely secure. Therefore the Operator does not warrant that its services will be totally immune to any breaches of security and/or unauthorized access, including access to the data stored in the Website and/or Add-on.

9.2. The Operator inspects, from time to time, the data security of the Website and/or Add-on and performs modifications and upgrades accordingly in order to keep the Website’s and/or Add-on’s security. Nonetheless, the Operator will not be liable for any direct or indirect damage caused to You due to exposure of Your information by an unauthorized access to the Operator’s database and/or due to any negligence or act not controlled by the Operator.

 

10. Your Right to Browse Your Information

10.1. According to the Israeli Privacy Law-1981, every individual has the right to browse the information gathered on him and stored in the databases. An individual who found that his or her stored information is incomplete, inaccurate, unclear and/or updated may address the owner of such database and request the amendment and/or update and/or removal of his or her information.

You may address the Operator regarding such issue via email address: office@zooxer.net. Please note that these contact details and days and hours may change at the Operator’s sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

10.2. If such information of an individual is used for personal contact, he or she may request in writing and according to the law that such information will be deleted from the database.

 

11. Changes to This Privacy Policy

The Operator may occasionally update this Privacy Policy. The Operator will notify You by sending an email to the email address You most recently provided the Operator and/or by prominently posting notice of the changes on the Website and will state at the heading of the Privacy Policy the date of change.