Privacy Policy
This Privacy policy of www.tsunami-tradingss.com, and all related content, materials and services are effective from January 13, 2022, by Tsunami Systems & Strategies, Inc., a Delaware corporation, and all such content will collectively be referred to as the “Site”
Any reference to “The System” or “Tsunami Pro Trader” or “Tsunami Systems & Strategies, Inc.” or “the Company” or “our” or “we” or “us” will collectively mean Tsunami Systems & Strategies, Inc. products and services.
General
“You” and/or your “Affiliates” will collectively be referred to as the “Client”
By using the Site, you acknowledge that you have read and understood our various policies and agree and give consent to us collecting certain information about you and sharing this information with our affiliates or members for the purposes of providing a service to you or your affiliates.
The Client hereby authorises the Company and/or any Broker to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through any Broker) the information in relation to the Client or the Client ‘s use of the System.
The Company may use information provided by the Client to enforce the provisions of this Agreement; data analysis; improving the System; monitoring Client usage and activity; provide Client support services; and assist Clients with technical difficulties. The Company may retain such information for as long as is required to fulfil its business objective, even after your account is terminated.
Credit Card Information
The Company does not directly process any payments and does not store the Client’s credit card information.
Disclosure of Information
The Company reserves the right to disclose the Client’s personal information as required to comply with the Company’s legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests. The Company may also disclose information, about Clients, to law enforcement officers or others, in the good faith if the Company is of the opinion that such disclosure is reasonably necessary to enforce this Agreement; respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of the Company, Client or the general public.
The Company shall not be liable for, and is released from, all claims and losses arising out of any loss to, or corruption of any of the Client’s data or records, whether stored on the System or not, or lack of back-up thereof.
Collecting information
The primary objective for collecting your information is for the purposes of providing you with our products and services. This information can also be shared with our affiliates or third parties when we require any other services or advice to be able to offer our clients the best possible solutions.
When you visit, register, or use our Site we will learn, collect, store and use:
- Personally identifiable data and information about you, such as your name, identification document, physical and/or electronic mail address, location, telephone, mobile number and/or service requirements and needs that can identify you as a person. (This data will collectively be referred to as “Personal Information”)
- Non-personally identifiable information about you, such as age, gender, demographic, location and other Site use specific information. (This data will collectively be referred to as “Non-personally Identifiable Information”)
Both Personal and Non-personally Identifiable Information will be collectively referred to as “Information”.
Using the Site. When you access, visit and use the Site, we automatically receive and store the uniform resource locator of the prior webpage that you were on and of the webpage where you go after you leave the Site. We also receive and store additional Information such as your internet protocol (IP) address, browser types, domain name, and other statistical data involving your access, browsing and use of the Site. This Information is generally collected passively using various technologies, but this Information may also be provided by you through interactions or communications with the Site or us.
Registration. To become a registered user of the Site or to use or obtain certain products or services offered on or through the Site, we will request, and you will need to provide us with, Personal Information such as your name, postal and/or email address, telephone, fax, age or mobile numbers. Registered users who sign up for any trial membership, premium membership or other account, product or service must also provide billing and credit card information.
Personal Information, you cannot create an account, become a registered user of the Site, or obtain our products or services. We will use this Information to provide our products and services to you, in connection with our business and operations and in other ways that are provided in this Policy. We may also collect certain other Information from you such as demographic information. Providing this information is optional and is not required.
We may also collect Information when you interact with the Site’s or our customer service to assist you or maintain or improve the Site.
Your Consent
Tsunami Systems & Strategies shall not be liable for, and is released from, all claims and losses arising out of any loss to, or corruption of any of the Client’s data or records, whether stored on the System or website or not, or lack of back-up thereof. By using our site, you consent to our Privacy Policy.
Protection of Personal Information
The provision of this clause shall apply to the Affiliates of each Party.
For the purposes of this clause, the term “process” (as well as any derivation thereof) shall include; collection, receipt, recording, organising, collation, storage, updating, alteration, consultation or use.
For the purposes of this clause, the Company shall be the Responsible Party and the term ‘‘Responsible Party’’ shall mean the person which, alone or in conjunction with others, determines the purpose of, and means for, processing Personal Information.
The Parties agree that any Client’s Personal Information may only be processed in accordance with the provisions of the Protection of Personal Information Act, 4 of 2013. Therefore, the Parties expressly record that a Client’s Personal Information may only be processed:
For the purposes of this Agreement;
For lawful purposes;
Subject to adequate disclosure of the purpose and intended use of such information;
In accordance with the stated purpose and intended use of such information. In the event Personal Information is required to fulfil a different purpose, the Responsible Party shall notify the Client thereof and request the necessary consent prior to processing the Personal Information for such purpose;
By an authorised person;
Only for as long as the processing of such information is necessary in terms of this Agreement;
Subject to the relevant authorised person implementing reasonable technical and organisational measures to secure the integrity and confidentiality of such information as well as prevent loss, damage, and unauthorised or unlawful access thereto.
The Company may collect and use the Client’s technical data and related information, including but not limited to technical information about the Client’s recent Transactions. The Client agrees that the Company may use this information, as long as it is in a form that does not personally identify the Client, to identify, analyse and assess the Client’s product history and purchasing decisions that the Client made.
In order to use the System, the Client must register with the Company and will be required to provide personal details, which may include identity documents, as the Client’s Personal Information.
The Company may make enquiries or carry out checks as to the Client’s identity and other personal information as may be required by the Financial Intelligence Centre Act 38 of 2001 or any other anti-money laundering or anti-corruption laws or regulations applicable to the Service or the Client.
The Client agrees and undertakes to provide true, accurate, current, and complete Personal Information as requested by the Company or as prompted by the System registration process.
In the event the Company becomes aware of any illegal activity, impropriety in the Personal Information or failure of any due diligence requirements the Company may immediately, without notice, restrict the Client’s access to the System.
Cookies and Tracking Technologies
Like many websites, we use cookies and similar technologies to record your preferences, track your usage of the Site, improve the Site and collect data and other Information. A browser cookie is a small piece of data that is stored on your device to help websites and mobile apps remember things about you. Other technologies, including Web storage and identifiers associated with your device, may be used for similar purposes. In addition to browser cookies, Tsunami Systems & Strategies also receives and collects Information through other commonly used techniques and technologies, including without limitation:
- through your browser, computer, mobile device, or tablet to ensure Site functionality,
- through pixel tags, web beacons, or clear GIFs,
- through Flash objects, or
- through your IP Address.
For example, we use programs, software and/or applications, including, without limitation, Google Analytics, to analyse typical user behaviour, improve the Site or in connection with our business or operations, and, for security purposes and to ensure the availability of the Site, we may also use programs, software and applications to monitor network traffic, identify unauthorized attempts to upload or change information, or otherwise cause damage to the Site or Tsunami Systems & Strategies. When you visit the Site, we automatically receive and collect the uniform resource locator of the prior webpage that you were on and of the webpage where you go after the Site, the IP address of your computer, the type of operating system and web browser you are using, your location, date and time of your access, pages viewed on the Site and other Information related to your visit to the Site.
How We Use Cookies and Other Tracking Technologies
Like most providers of online services, Tsunami Systems & Strategies uses cookies and other tracking technologies for several reasons, including, without limitation, protecting your Tsunami Systems & Strategies data and account, helping us see which features are most popular, counting visitors to a page, improving our users’ experience, keeping our services secure, and generally providing you with a better, more intuitive, and satisfying experience. Most cookies we use fall into one of the following general categories:
Category of Cookies
Why we use these cookies
Strictly Necessary
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not function properly.
Performance
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.
Functionality
These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly.
Targeting
There are also certain third-party cookies that reside on our site that collect Personal Information, such as information that uniquely identifies your IP address, browser and internet device, that may be used by these third parties to, among other things, build a profile of your interests and show you relevant advertisements on this site and/or other sites.
Your Options
Cookies are automatically placed on your computer when you access the Site. Your browser or device may allow you to block or otherwise limit the use of cookies. Cookies are an important part of how our services work, so removing, rejecting, or limiting the use of them could affect the availability and functionality of our services.
Browser Cookies
Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. For more information about how to manage browser cookies, please follow the instructions provided by your browser.
Information We Do Not Collect
Tsunami Systems & Strategies is solely an informational and educational platform and online community, providing impersonal advice and education so you can independently trade your own funds, securities and instruments. We do not provide investment advisory services or trade securities for the account of others. We are not an investment adviser, broker or dealer, and we do not provide advice on the value or advisability of your purchases of securities or any other instruments, and do not affect or facilitate transactions or otherwise handle securities or funds of others.
We only communicate with you through the contact information and social media accounts on the Site, we would never give you personalized investment advice, and would never ask you for your social security number, to wire money or to provide access or information on your financial or securities accounts (except for billing purposes as set forth above). Don’t be fooled by scams or other imposters asking for this information, they are not from Tsunami Systems & Strategies. If someone pretending to be affiliated with Tsunami Systems & Strategies asks you for this information, please contact admin@tsunami-tradingss.com or admin@tsunami-trading.co.za
How We Use Your Information
Tsunami Systems & Strategies uses your Information, including Personal Information, in connection with the operation, development and improvement of the Site and other products and services offered by Tsunami Systems & Strategies and its affiliates, the operation and billing of your account and/or membership, and for other uses consistent with this Policy. Tsunami Systems & Strategies and its affiliates may use your Personal Information for any purpose related to their business or operations, including, without limitation, the following:
- to provide our products and services, operate the Site and respond to your inquiries and fulfil your requests,
- to manage your account and/or membership, subscription, and other billing purposes,
- to allow outside vendors or others to perform services on our behalf,
- to inform you about information regarding the Site, products, or services for which you apply or may be interested in applying for, or in which you are already enrolled, changes to terms, conditions, and policies and/or other administrative information,
- to deliver marketing communications that we believe may be of interest to you, including ads or offers tailored to you from us or our affiliates,
- to personalize your experience on the Site,
- to verify your identity and/or location to allow access to your accounts, and to maintain measures aimed at preventing fraud and protecting the security of account and Personal Information,
- to allow you to participate in surveys and other forms of market research, sweepstakes, contests, and similar promotions and to administer these activities (some of these activities may have additional rules, which may contain additional information about how Personal Information is used and shared),
- for general business purposes, to otherwise manage and operate the Site, develop new services and products, and conduct the business and operations of Tsunami Systems & Strategies and its affiliates, including data analysis, audits, developing and improving products and services, enhancing the Site, identifying usage trends and determining the effectiveness of promotional campaigns,
- for risk control, for fraud detection and prevention,
- to enforce the Terms and Conditions of www.tsunami-tradingss.com (the “Terms and Conditions”),
- to protect the rights and property of Tsunami Systems & Strategies or its officers, directors, shareholders, employees, affiliates or agents, and
- to comply with laws and regulations, and to comply with other legal process and law enforcement requirements.
There are also certain third-party cookies that reside on our site that collect Personal Information, such as information that uniquely identifies your IP address, browser and internet device, that may be used by these third parties to, among other things, build a profile of your interests and show you relevant advertisements on this site and/or other sites.
Please be aware that you are responsible for the payment of any fees or costs incurred by you in connection with receipt of communications from Tsunami Systems & Strategies or its affiliates, including data, internet, cellular carrier, or other similar fees.
Who Your Information May Be Shared with?
Tsunami Systems & Strategies may share your Personal Information and Non-Personally Identifiable Information with third party vendors who need to know Information about you to provide their services to us. This group includes vendors that help us provide our services to you (like payment processing providers) and those that help us understand and enhance our services (like analytics providers). We may also share your Personal Information:
- as described in this Policy;
- as required by law or to comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
- as reasonably necessary to respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, entity or government agency;
- to detect, prevent and address fraud and other illegal activity and to prevent death or imminent bodily harm; or
- for any purpose related to the business or operations of Tsunami Systems & Strategies or its affiliates.
Tsunami Systems & Strategies may also share or otherwise provide Non-Personally Identifiable Information or other aggregated anonymous data or information to third parties (including sub processors) about the users or usage of the Site for purposes that we deem, in our sole discretion, to be appropriate.
Tsunami Systems & Strategies may post and use any testimonials about the Site that you have provided in connection with the marketing and promotion of the Site.
Testimonials and other marketing, promotions and advertisements may include limited Personal Information (such as first name and general location) that you have provided to Tsunami Systems & Strategies.
Tsunami Systems & Strategies may also disclose your Information to third parties as part of our selling the stock or assets of the company, as the result of a proposed or actual change in control of the company, or in connection with any financing of or investment in the company by a third party. Any successor or assignee of Tsunami Systems & Strategies, including any third party to which Tsunami Systems & Strategies transfers or sells its assets, will have the right to continue to use your Information.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THIS POLICY, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THIS POLICY
Access to and Protection of Your Personal Information
You may access, modify and correct some Personal Information provided to us through your account information on the Site. If you update, modify or correct any such Personal Information, we may keep copies of your Personal Information prior to such update, modification or correction for uses provided for in this Policy. To the extent that you wish to access, modify or correct Personal Information that is not available through your account information, you may contact us in the manner set forth below. We will endeavour to respond to your request in a timely manner.
Personal Information will be stored by us in databases or servers owned and maintained by us or our affiliates, agents or service providers. Personal Information will be protected in a commercially reasonable manner. We take what we believe to be industry standard security measures to help safeguard your Personal Information, but no system is entirely secure. Although we protect your Personal Information in a commercially reasonable manner and with industry standard security measures, we do not guarantee that your Information will always remain secure.
Data Retention
We process your Personal Information while your account is active or as needed to provide you with our services. If you close your account(s), your Personal Information will be retained for seven years from the closure of your account.
Do Not Track
Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our Site is not currently set up to respond to those signals.
Links to Other Websites
We are not responsible for the practices employed by websites linked to or from the Site, nor the information or content contained in such websites, nor any third party’s use of Information or other data or information which we have sold, disclosed, shared or otherwise provided to them. Please remember that when you use a link to go from the Site to another website, this Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Site, are subject to that website’s rules, terms and conditions, and/or policies.
Children
The Site is not directed to individuals under the age of 13. Tsunami Systems & Strategies does not intentionally collect any Information on the Site from individuals that we are aware of that are under 13. In fact, registration for and use of the Site by persons under the age of 18 is expressly prohibited. If we become aware that we have collected any Information, including without limitation Personal Information, from a person under age 13, we will take steps to remove that Information.
Miscellaneous
In addition to the Site, this policy also applies to any Tsunami Systems & Strategies mobile applications and any Information that we may collect through such applications.
This Policy has been adopted and is effective as of the date set forth above, without waiving or otherwise releasing any right or obligation under any prior privacy policy or similar document or agreement of Tsunami Systems & Strategies, including without limitation any prior privacy policy or similar document or agreement set forth on the Site. This Policy hereby amends and restates any such prior privacy policy.
Tsunami Systems & Strategies reserves the right to revise this Policy at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of this Policy, and your continued use of the Site reaffirms your agreement to the then-current Policy. You agree to consult the Site regularly for up-to-date versions and information about this Policy. Without limiting the foregoing, we will provide notification by electronic mail, check box, highlighted text on the Site, or other means we deem adequate, of the adoption of a revised or amended Policy that contains material revisions, amendments or other changes to the terms.
If the terms of this Policy conflict with or are inconsistent with any provision of the Terms and Conditions, the Terms and Conditions shall govern.
Any claim under this Policy or otherwise related to the Site or Tsunami Systems & Strategies shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions and shall be exclusively resolved by a state or federal court located in Delaware. You agree to submit to the personal jurisdiction of the courts located within Delaware, for the purpose of litigating all such claims. Notwithstanding the above, you agree that Tsunami Systems & Strategies shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) or to enforce its rights or remedies in any jurisdiction.
Tsunami Systems & Strategies reserves the right to limit the availability of the Site, and any other products or services of Tsunami Systems & Strategies, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.
If any provision of this Policy is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Policy will not be affected in any way.
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