Last updated: November 2021
1.1 Welcome to the website of UProfit User, (hereinafter Uprofit or “The Site”), a commercial company, domiciled at 14090 Southwest Freeway, STE 300, Sugar Land, Texas 77478.
1.2 The following Data Processing Policy is presented, so that it is included in relation to the operations to be carried out.
1.3 They will be arranged through a link within the flow of the specific operation, which will redirect the client to its comprehensive knowledge, submitting to its presentation for said treatment and use, in accordance with current legislation to which reference is made both in the Present.
2.1 Authorization: Prior, express, and informed consent to carry out the Processing of personal data.
2.2 Database: Organized set of personal data that is subject to Treatment.
2.3 Personal data: Any information linked or that may be associated with one or more specific or determinable natural persons.
2.4 Public data: It is the data that is not semi-private, private, or sensitive. Public data are considered, among others, data related to the marital status of people, their profession, and their status as a merchant or public servant. By its nature, public data may be contained, among others, in public registers, public documents, gazettes and official gazettes and duly executed judicial decisions that are not subject to reservation.
2.5 Sensitive data: Sensitive data is understood to be those that affect the privacy of the Controller or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership of trade unions, social organizations, human rights or that promotes the interests of any political party or that guarantees the rights and guarantees of opposition political parties, as well as data related to health, sexual life, and biometric data.
2.6 Data Processor: Person that by itself or in association with others, carries out the Processing of personal data on behalf of the Responsible for the Treatment.
2.7 Data Controller: Person that by itself or in association with others, decides on the database and / or the Treatment of the data.
2.8 Headline: Natural person whose personal data are subject to Treatment.
2.9 Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation, or deletion.
This Personal Data Treatment Policy has the purpose of regulating the collection, storage, use, circulation, and deletion of personal data handled by UPROFIT (or the one acting in its place).
UPROFIT's Personal Data Treatment Policy (or the one acting in its place) covers all administrative, organizational and control aspects that must be complied with by managers, collaborators, contractors and third parties who have a direct relationship with the company, as well as It will apply to all Databases and / or Files that contain personal data that are subject to Treatment, through all its channels of services and operations.
The policy is communicated to all clients, collaborators, third parties and the general public, through the communication media provided by UPROFIT.
5. Guiding Principles
UPROFIT, for the processing of personal data, will apply the following principles:
5.1 Purpose: The Treatment must obey a legitimate purpose, which must be informed to the Controller by means of this document and the prior authorization to the data processing.
5.2 Freedom: The Treatment can only be exercised with the prior, express, and informed consent of the Controller. Personal data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that relieves consent.
5.3 Truthfulness or quality: The information subject to Treatment must be true, complete, exact, updated, verifiable and understandable. Processing of partial, incomplete, fractional, or misleading data is prohibited.
5.4 Transparency: In the Treatment, the right of the user to obtain from the controller, at any time and without restrictions, information about the existence of data concerning him must be guaranteed.
5.5 Access and restricted circulation: The Treatment is subject to the limits that derive from the nature of the personal data. In this sense, the Treatment can only be done by persons authorized by the Controller and / or by the persons provided for. Personal data, except public information, may not be available on the Internet or other means of dissemination or mass communication, unless access is technically controllable to provide restricted knowledge only to the Controllers or authorized third parties in accordance with this law.
5.6 Safety: The information subject to Treatment by the Controller, must be handled with the technical, human, and administrative measures that are necessary to provide security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.
5.7 Confidentiality: All persons who intervene in the Processing of personal data, who are not public, are obliged to guarantee the reservation of the information, even after the end of their relationship with any of the tasks included in the Treatment, being able only to supply or communication of personal data when this corresponds to the development of the activities authorized.
6. Presumption around established personal data.
6.1 UPROFIT presumes that the data provided has been entered by its owner, or the one who has the qualities and the possibility of being bound by his own name.
6.2 UPROFIT presumes that it is duly authorized to register on its website
6.3 UPROFIT presumes that the data provided is correct and exact, that they correspond to the natural person who is registering on its platform.
6.4 UPROFIT presumes that you are of legal age for the simple fact of being a UPROFIT user.
7. Collection of personal data
7.1 You may choose to register an account on our Sites or Services, and we may collect certain personal information from you in order to provide you services and complete transactions.
7.2 We will ask you for Personal Data. Personal Data may include your name, telephone number, email address, postal address, username, password, zip code, gender, and age.
7.3 Our Sites or Services may provide links to third-party applications, products, services, or websites for your convenience and information. If you access those links, you will leave our Sites or Services.
7.4 If you post a message to any public forum on our Sites or Services, including any such post, article, social media page, blog, chat room, or other forum, please note that any personal data disclosed may be read, viewed, collected, or used by other users of these forums, and could be used to contact you, send you unsolicited messages or for purposes that neither you nor we control.
7.6 We do not sell your Personal Data to third parties to use for their own marketing purposes.
7.7 We use the information you provide to us to offer, manage and / or improve our Sites or Services, including but not limited to: improving content, adapting or adding new features and functionality, providing and improving service and support, offering relevant advertising, help with the functionality of sharing on social networks, developing new products and services, selecting the content that will be communicated to you, adding certain types of information to better understand or provide a better engagement with our Users.
7.8 We employ an outside company to process debit, credit, and other payments and to perform related services.
7.9 We reserve the right to disclose Personal Data as permitted or required by law. We may also disclose Personal Data in the following circumstances: to comply with any law, regulation, subpoena, or court order, to investigate and help prevent security threats, fraud, or other malicious activity, to investigate and help prevent the violation of any contractual relationship.
7.10 In the event of a merger, consolidation or sale or transfer of all or almost all assets, the personal data stored in our database will be transferred to the purchasing entity or to the new one. However, the use of this information by any buyer or survivor entity will be governed by the terms of this Policy.
7.11 If you are outside the United States and choose to provide information to us, the personal data is transferred and processed in the United States.
UPROFIT will use the data collected exclusively for commercial, contractual, and operational purposes related to its business lines, internal mission, and / or internal administrative processes, in compliance with its mission, current legislation and information security.
In accordance with the above, they will have the following purposes in their treatment:
8.1 Regarding the personal data of our traders
8.1.1 UPROFIT may report, process, study, analyze, request, and disclose to any central or information operator, all the information as a UPROFIT client, among others, according to the purposes of the data processing provided for in this Policy and the respective authorization.
8.1.2 You acknowledge that UPROFIT may send reciprocal communications and messages, through the communication tools provided on the website, in which good faith, the correct treatment and use of the data for the proposed purposes will prevail as guiding principles, related to the operations in which the parties may be contractually bound and the duty of mutual collaboration between the Trader and UPROFIT
8.1.3 It will send via email, text message (SMS) and / or any other means provided from the information provided by the client, the communications emanating from trading operations.
8.1.4 It will use the data collected exclusively for own and operational purposes related to trading circulation operations, and / or any other related to its digital financial solutions provided as a futures exchange platform, in addition to internal administrative processes, in compliance with its mission, current regulations and information security management.
8.1.5 It will control access to its platform and may, at any time and at its sole discretion, order the suspension or temporary or definitive disqualification for the access of the user (natural or legal person) to the website based on the information provided by the user.
8.1.7 Use the different services through the UPROFIT website, including content downloads, contracts, and formats.
8.1.8 For the determination of pending obligations, the consultation of financial information and credit history and the report to information centers of unfulfilled obligations, with respect to its debtors, if it is considered pertinent and according to the nature of the financial operation.
8.2 Regarding the data of General Users and Visitors:
8.2.1 UPROFIT will use the data collected exclusively for operational, contractual, commercial purposes, related to services through the platform provided for this purpose, any other type of financial solution developed by UPROFIT individually or with strategic allies, in its various lines of access and internal administrative nature, in compliance with its mission, current regulations and information security management.
8.2.2 Control access to the platform and may at its free disposal, limit entry and access to your website and thereby access the generation of operations from within the server.
8.2.3 Use the different services through the UPROFIT website (or the page provided for that purpose), including access to the trading platform, information regarding the completion of the operation and the contracts that accrue from it, upon downloading everything type of contracts, contents, formats, and acceptances.
8.2.4 Provide the services we offer on our Sites and Services, to communicate with you about your use of our Sites or Services and customer services.
8.2.5 To collect metrics to better understand how users access and use the Sites and Services; to evaluate and improve the Sites and Services; and to develop new products and services.
8.2.6 To show you interest-based advertising, to improve our advertising and measurement systems so that we can serve you more relevant advertisements, and to measure the effectiveness and reach of advertisements and services.
8.2.7 To comply with legal obligations, as part of our general business operations, and for other business management purposes.
8.2.8 For promotional and marketing purposes, for example, to send you news and updates, special offers, promotions, or to contact you about products, services, or information that we think you may be interested in, including information about third-party products and services.
9. Rights of Clients, Collaborators and Third Parties
Clients, collaborators and third parties who have personal information registered in the UPROFIT databases or their successors in title have the following rights:
9.1 Know, update, rectify, oppose, and cancel your personal data
9.2 These rights may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose Treatment is expressly prohibited or has not been authorized; Thus, the user will be solely and exclusively responsible for the veracity and accuracy of their personal data.
9.3 To exercise these rights, the owner must register his claim with the identification of the Owner, the description of the facts that give rise to the claim, the address, and accompanying the documents that he wants to enforce.
9.4 If the claim is incomplete, the interested party will be required within five (5) days after receiving the claim to correct the faults. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that the claim has been withdrawn.
9.5 In the event that the person who receives the claim is not competent to resolve it, he / she will transfer it to the corresponding person within a maximum term of two (2) business days and will inform the interested party of the situation.
9.6 Once the complete claim is received, it will be cataloged with the label "under review" and the reason for it in a term no longer than two (2) business days. Said label will be kept until the claim is decided.
9.7 The maximum term to attend the claim will be fifteen (15) business days, counted from the day following the date of receipt. When it is not possible to attend the claim within said term, the interested party will be informed of the reasons for the delay and the date on which their claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first finished.
9.8 Request proof of the authorization granted to the Controller except when expressly as a requirement for the Treatment
9.9 Be informed by the Controller, upon request, regarding the use that has been given to your personal data.
9.10 Revoke the authorization and / or request the deletion of the data when the principles, rights and constitutional and legal guarantees are not respected in the Treatment.
9.11 The revocation and / or deletion will proceed when it has been determined that in the Treatment the Responsible or Person in Charge have incurred in conduct contrary to the law.
9.12 Free access to your personal data that have been subject to Treatment.
10. Procedure for the Exercise of Rights
10.1 UPROFIT as Controller and processor, in the processing of personal data information, he assumes the role of Personal Data Protector and Information Security Professional.
10.2 For this reason, in the exercise of these functions, delegates the responsibility of processing the requests of Clients, Collaborators and Third Parties to the directors or pertinent collaborators depending on the request, for the exercise of rights
10.3 The Controllers or Owners of Information may make requests, queries, and claims about the processing of their data through the following means or contact points:
Contact us on the website: www.uprofit.com
11. Transfer and Transmission of Personal Data at the International level.
UPROFIT, in the processing of personal data, prohibits its transfer to countries that do not provide adequate levels of data protection in accordance with established standards,
This prohibition will not apply when it comes to:
11.1 Information regarding which Clients, Collaborators and Third Parties have granted their express and unequivocal authorization for the transfer or transmission, to carry out futures trading operations of which they form an integral part of UPROFIT's portfolio of services.
11.2 Bank or stock transfers, in accordance with the legislation that is applicable to them.
11.3 Transfers necessary for the execution of a contract between Clients, Collaborators and Third Parties with UPROFIT, or for the execution of pre-contractual measures as long as the Controller's authorization is obtained.
11.4 Transfers legally required for the safeguarding of the public interest, or for the recognition, exercise, or defense of a right in a judicial process.
12. Competent Jurisdiction and Applicable Law
12.1 This Agreement, and all modifications or extensions thereof, shall be governed in all respects by the laws of the State of Texas (USA) applicable to contracts that are fully executed and fulfilled in the State of Texas, without reference to conflicts of laws.
12.2 Any dispute arising under this Agreement shall be subject exclusively to the jurisdiction of the state and / or federal courts with jurisdiction in the county of Texas. Both parties agree to accept the jurisdiction of said courts in relation to any such dispute.