User Terms & Conditions for UE residents
Last update: Jul 29th, 2019.
Who are we?
Attitude Technologies, S.L.U., directly or through other companies of its group, conducts software development activities and provides online and application-based services (hereinafter referred as “us” “our” or “we” or “Ninety Nine”). Ninety Nine is duly incorporated and existing under the laws of Spain, with registered office at Calle Antonio, 31, Madrid, Spain and registered with the Companie’s Registry of Madrid under Volume 38490, Sheet 41, Page M 684548.
Acceptance of the Terms
The access and use of the services detailed in these Terms & Conditions at www.ninety-nine.co, www.ninetynine.com and its web and mobile applications (referred to collectively as the “Online Platforms”) are governed by these Terms & Conditions (the “Terms”), together with the rest of the applicable corporate policies and procedures. By accepting these Terms you will be bound by all their content. Therefore, you must read and agree to the Terms before registering to join and participate in the Online Platforms. In case you do not wish to be bound by these Terms, you cannot use the Online Platforms. Therefore, your request to use the Online Platforms will not be processed if you do not accept these Terms.
Access and use of the services detailed in these Terms and the Online Platforms (collectively, referred to as the service “Virtual Securities Trading Platform”) are exclusively limited to Users over 18 years of age with a valid European Union residency - excluding all US citizens.
The Virtual Securities Trading Platform service allow “Users”, as such term is defined below, to enjoy the use of a set of features, information, data and services offered by us, which, in some cases, may also be provided to us by third-party providers with which we have agreements in place.
You become a User of the Virtual Securities Trading Platform service in its entirety and accept each and every one of its functions and conditions which includes, among others: (i) brokerage simulator; (ii) portfolio simulator for your positions, transactions and other history; (iii) third partie’s information: market data and securities quotes, news, reports, and other market general information; (iv) discover features; and (v) money features. It is not possible to become User for only part of these services or to receive them in a fractional way.
a. Enrolment process
Enrolment process - Virtual Securities Trading Platform
Acquiring “pre-registration access” means that the User enrols for a position in our waitlist queue by providing the following valid information:
- Full name
- Electronic mail address
- Country of residence
- Acceptance of these Terms, and
That the User voluntary accepts receiving commercial communications from Ninety Nine and that Ninety Nine uses your personal data for promotional and marketing purposes.
We process your identifying data such as name, surname, e-mail and your country of residence for the purpose and lawfulness of processing of a contract to manage your participation on the Online Platforms, including attending and responding to your inquiries, to provide our Virtual Securities Trading Platform service to you. In addition, we need to administer your fictitious account or orders.
Furthermore, is possible that we need to comply with legal obligations to respond requests from control, regulatory, administrative or judicial authorities and to comply with applicable laws and regulations and tax obligations applicable to Ninety Nine’s business activity.
In addition, the Virtual Securities Trading Platform service allows the User to share its data with Ninety Nine´s community, friends and other people. The default configuration of this option is the most conservative relating privacy, so no one can see your information. Nonetheless, you may configure your Ninety Nine Online Platform account to make you information visible to third parties at your own responsibility.
Under these Terms, Users shall be understood as those who have accepted the use of the Virtual Securities Trading Platform service, and who have been granted access after thereby having secured a position in our waitlist queue by us to our Online Platforms and that will benefit from a set of features, information related to investment challenges, evolution of the market, news related to investment, individualized according to their profile extracted from the provision of the services itself (the “Users”).
c. Virtual Securities Trading Platform service
Under these Terms, by offering you access to the Virtual Securities Trading Platform service, we will provide you with a wide range of functionalities, comprising, among others: (i) brokerage simulator; (ii) portfolio simulator for your fictitious positions, transactions and order history; (iii) third partie’s information: market data and securities quotes, news, reports and other market general information; (iv) discover features; and (v) money features.
In order to check a more detailed description of the services that we provide you, please refer to our User’s Handbook.
Accordingly, based on Ninety Nine’s legitimate interest to reuse the personal information of the User in a way that serves to perform statistical analysis and market research and also, analyse how Users interact with our services and among those that interact as a social network, Ninety Nine will extract an anonymous profile, i.e. replacing the exact data with other diffuse ones, so that it is impossible to personally identify the User. This activity could also help to improve the services accordingly to your preferences.
In any case, we remind you that you can oppose such processing by checking the opposition box that is offered at the time of data collection or, at any time, by sending an e-mail to the Ninety Nine’s Data Protection Officer attaching a copy of your ID at the following address: Calle Antonio 31, 28029 Madrid or in the e-mail: firstname.lastname@example.org.
d. Data protection
Attitude Technologies, S.L.U. with address in Calle Antonio 31, 28029 Madrid, is the data controller of your personal data.
The processing of your personal data and the kind of data we process is described throughout these Terms.
Our policy is not to give, sell or otherwise distribute personal data that we collect to third parties, expect with your express consent or where this is necessary and in accordance with the applicable law and, will not make cross border transfers without your express consent.
Any recipient of your personal data may solely include third party service providers, considered data processors, who will have access to process personal data only under Ninety Nine’s instructions stated in the data protection agreement subscribed between the parties which will comply with the appropriate security obligations; it can also include third parties that Ninety Nine is legally obliged to communicate information for compliance, such as public authorities.
Personal data will be kept by Ninety Nine while the User remains subscribed to the Online Platform. In the event that the user cancels the service, the data will be deleted, being impossible to recover them later.
Data protection rights
In accordance with applicable data protection law, you have the:
- Right to access, which means to obtain confirmation of the existence of, and to request a written copy of the personal information Ninety Nine holds about you.
- Right to rectify: to have any inaccurate information about your corrected.
- Right of erase: to have personal data we hold about you deleted, blocked or removed.
- Right to restrict processing we make in relation with your personal data.
- Right to data portability: to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format in order to transmit them another data controller.
- Right to object: to object the use of your details for marketing activities and other promotional activities, as described above.
- Right to not be subject to a decision based solely on automated means such as profiling.
You may exercise the rights mentioned above by sending an e-mail to email@example.com or by sending a letter to the following address: Calle Antonio 31, 28029, Madrid, Spain.
We inform you that, in any case, you may lodge a complaint before the national supervisory authority www.aepd.es, if you consider that Ninety Nine’s processing of your personal data relating infringes applicable data protection law.
By visiting our Online Platforms, we collect standard Internet information, as well as details of visitor’s behaviour patterns. This information is not associated with other information that allows the User to be identified. If personal information is necessary, it will be requested explicitly. This information allows us to know a little better the Users of our Online Platforms and to learn about how they interact with it while they stay in it.
For more information, visit the cookies policy in our website.
Limitations of liability
To the extent permitted under the applicable law, the information, names, images, pictures, logos and any other content or services provided in the Online Platforms are provided “as is” and on “as available” basis, without any representation or warranty of any kind with respect to the content and the services to be provided (whether express or implied) including, but not limited, warranties of satisfactory quality, fitness and suitability for a particular purpose, non-infringement, compatibility, security and accuracy. Neither us, nor third party providers guarantee the accuracy, timeliness, completeness or usefulness of the content. Therefore, you agree to use the content and services at your own risk.
Attitude Technologies S.L.U. is not currently registered with the Spanish Securities Markets Authority (Comisión Nacional del Mercado de Valores, “CNMV”) or with any other Securities Markets Authority within or outside the European Union. The Online Platforms do not constitute any offer to sell, a solicitation of an offer to buy or a general or personal recommendation or advice on any security or any other investment product or service offer by Attitude or any other party. We are not providing investment advice or whatsoever recommending the acquisition or transaction upon securities through the Online Platforms. Likewise, we do not provide tax or legal advice. We do not make any expressed or implicit representation and/or warranty on the securities, products or services referred to in the Online Platforms are suitable or appropriate for any particular person; likewise, we do not make any representation or warranty that the factual information contained on Online Platforms is reliable. Consequently, you are responsible for determining whether any potential investment or related transaction is suitable or appropriate for you and, in case of any doubt of the suitability of the services, we suggest you retaining a professional advisor.
We do not guarantee that the features or functions of the Online Platforms will be uninterrupted or that no error occurs, neither that the server(s) that make(s) the Online Platforms available are free of viruses or bugs. It is only your responsibility to implement security programs and conduct virus checks.
Under no circumstance we will be liable for any direct, indirect, foreseen, foreseeable, known or unknown losses or damages (even if we or any third party provider has been advised of the possibility of such losses or damages), including, but not limited to: (i) loss of data; (ii) loss of revenue, income or anticipated profits; (iii) loss of business; (iv) loss of opportunity or other intangible loss; (v) loss of goodwill or injury to reputation; (vi) loss suffered by third parties; (vii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the online platforms; (viii) alteration or access to your own account or data due to your negligence or conduct; or (ix) any special, consequential, or exemplary losses damages arising from the use of the Online Platforms regardless of the form of action or omission.
We will neither be liable for any loss or damage caused by your reliance on the information accessed or obtained through the Online Platforms. Information and data published on our Online Platforms is for information purposes only.
Your conduct and use of the content of the Online Platforms
The information, data, images, charts, including but not limited to communications, materials, opinions, research or statements (referred as “content”) published on the Online Platforms is the sole responsibility of the creator of such content i.e. the person(s) or entity(ies) from whom the content originated. Therefore, only such person(s) and entity(ies) are responsible for any content that is uploaded, posted, transmitted, shared, stored or otherwise made available on the Online Platforms and we shall not be made liable for your actions or that of third parties.
We do not guarantee the accuracy or veracity of the content made available on the Online Platforms, either created by us or third party providers, being the use of or reliance on the content entirely at your own risk.
We have no duty to update the information contained on the Online Platforms, and the content shall be understood as being published as of its stated date, or the date of first posting when no date is stated.
Neither we guarantee the third party provider’s content accuracy, correctness, completeness and clarity, nor we are responsible or liable for any content, advertising, products, or other materials and information on / available on the Online Platforms or from third party sites.
In line with the above, you will not hold us or any third party provider liable neither for inaccuracies, errors, delays or omissions of the content, nor for any losses or damages arising from or occasioned by any of those inaccuracies, errors, delays, omissions, or any other cause beyond our / third party provider reasonable control.
EU residents only
The Online Platforms content and services are solely intended for European Union residents over 18 years of age. Consequently, such content and services shall not be considered a solicitation to any person in any other jurisdiction in where such solicitation is contrary to the applicable laws.
Security and identification
The maintenance of the confidentiality of the log-in password is of your sole responsibility. You are responsible for using appropriate security measures to avoid any unauthorised access to the Online Platforms. Any unauthorized access that you become aware of, shall be notified to us promptly, at the following e-mail address: firstname.lastname@example.org. You will hold us harmless and will have to indemnify us for any loss or damage derived from the access to the Online Platforms by any third person who use your access names and passwords.
Together with these Terms, the use of the Online Platforms and the services offered therein, are governed the User’s Handbook.
Intellectual property rights
All the names, logos and images identifying us or third party providers and their services are subject to copyright, design rights and trademarks. These Terms do not confer or imply any licence or right to use any of those names, logos and images.
Communications and conversations recording
When using the Online Platform’s content and services, you consent that any conversation, communication or information / data exchange between you and us / our representatives, may be recorded. These communications and conversations are registered and accessible at least for ten years since the business relationship with the user finalises.
Communications in Forums
The Online Platforms may allow us to use message boards and live Q&A forum (referred as “Forums”). By agreeing these Terms, you acknowledge the public nature of these Forums and that the content you choose to disclose there is of your sole responsibility.
When using the Forums, without limitation, you agree not to:
- promote or engage in any way in unlawful conduct;
- upload, post, transmit or otherwise make available any content that may be considered (by us) as defamatory, offensive, threatening, inflammatory, abusive, racist, vulgar, pornographic, obscene, profane, indecent, hateful or any otherwise objectionable material;
- upload, post or otherwise transmit any content intended to annoy, intimidate or impersonate another person or conduct any other action that may constitute a criminal offence or give rise to a civil liability;
- discuss or agree with other users anything implying anti-competitive behaviour;
- offer to sell any goods or services, advertise or promote any surveys for any commercial purpose;
- misrepresent your affiliation with any person or entity;
- upload, post or otherwise transmit any content that may infringe any duty of confidentiality, copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right;
- upload, post or otherwise transmit viruses, corrupt files, or other similar means, programs or files that may damage another person’s computer, software, or network;
- obstruct or disrupt directly or indirectly the content, service, servers or networks connected to the Online Platforms;
- collect, store or reproduce personal data about other users of the Online Platforms.
You will be solely responsible for any damages or losses derived from any action or omission related to the above stated.
You acknowledge that when we provide links to other websites or resources, neither we, nor third party providers are responsible for the availability or the content of those external websites or resources. Consequently, we and the third party providers are not liable for any damage or losses derived from the content available on such websites or resources.
Amendments & revisions
Be aware that we may revise and modify these Terms at any time. We will notify you via e-mail of any amendments and revisions. The most updated version of the Terms will be posted on the Online Platforms. Therefore, please review the Terms regularly to ensure that you are aware of any changes made. Your continued use of the Online Platform(s) after changes are posted means that you agree to be legally bound by such new Terms.
These Terms will terminate without notice from us, and in our sole discretion, at the time you do not comply any of what it is stated herein. In any case, we may terminate these Terms or suspend your access to the content and services of the Online Platforms, at any time and without notice.
We shall not be liable to you or a third party for the termination or suspension of access to the content or services of the Online Platforms.
You will neither hold us, nor third party provider liable for any inaccuracy, error or delay on the content or services of the Online Platforms, or for the losses or damages caused by such inaccuracy, error or delay, when caused by any force majeure situation, among others: extreme weather conditions, floods, hurricanes, earthquakes, wars, fire, labour disputes, accidents, action of government, equipment or software malfunctions, communications or power supply failures, or any other act of God.
You agree to indemnify and hold harmless us (including our directors, officers, employees, partners, licensors, distributors, representatives and agents) and third party providers from and against all liabilities, claims, losses, costs, damages and expenses including reasonable legal fees (which are reasonably incurred by us), arising from your use of the Online Platforms and your violation of the Terms or any applicable law.
These Terms are to be governed by and construed according to Spanish law and the parties agree to submit any disputes to the exclusive jurisdiction of the courts of Madrid capital, or alternatively, of the courts that correspond to the client’s domicile, where the client qualifies as a consumer or user.