A. User Agreement

Effective: …, 2021 - please follow these links to access the previous version(s) of your FMCPay User Agreement: User Agreement dated … 2021.
This agreement (the "Agreement") is for customers who reside outside the United States of America (excluding customers who reside in the European Economic Area, or Singapore).
In reviewing these terms you will see that some text is coloured in green. These clauses only apply to the regulated services provided to you by Fuinre Inc.
Fuinre Inc (also trading as FMCPay) is regulated by the UK Financial Conduct Authority. This is a contract between you and each of:
Fuinre Inc (“FMCPay”; "Paynetcoin") 5000 Central Park Dr Ste 207 Lincoln, Ne 68504 , USA
References in this Agreement to "FMCPay", "we", "our" or "us", are to Paynetcoin depending on the services being discussed, and references to "you" or "your" are to the person with whom FMCPay enters into this Agreement.
By signing up to use an account through FMCPay.us , or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.
We refer to the E-Money Services, Digital Currency Services and Additional Services (all defined below) collectively as the "FMCPay Services", which can be accessed via the platform operated by FMCPay (the “FMCPay Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by FMCPay from time to time). Each of the FMCPay Services is provided by either Fuinre Inc , as set out in clause 2 below.
You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. Digital Currency Services and Additional Services are not currently regulated by the Financial Conduct Authority, the Central Bank of Ireland, or any other regulator in the UK or in Ireland. The Digital Currency Services and Additional Services are not within scope of the jurisdiction of the UK Financial Ombudsman Service or the Irish Financial Services and Pensions Ombudsman, and your Digital Currencies and E-Money are not subject to protection under the UK Financial Services Compensation Scheme or the Irish Deposit Guarantee Scheme or Investor Compensation Scheme. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition.

B. Privacy Policy

Last updated: …/ 2021
We at FMCPay (defined below) respect and protect the privacy of visitors to our websites and our customers. This Privacy Policy describes our information handling practices when you access our services, which include our content on the websites located at FMCPay.us or any other websites, pages, features, or content we own or operate (collectively, the "Site(s)") or when you use the FMCPay mobile app, the FMCPay Card App (as defined below), any FMCPay, Coinbase Pro or FMCPay Custody API or third party applications relying on such an API, and related services (referred to collectively hereinafter as "Services").
Please take a moment to read this Privacy Policy carefully. If you have any questions about this Policy, please submit your request via our Support Portal at https://www.FMCPay.com

ACCEPTANCE OF THIS PRIVACY POLICY

By accessing and using our Services, you signify acceptance to the terms of this Privacy Policy. Where we require your consent to process your personal information, we will ask for your consent to the collection, use, and disclosure of your personal information as described further below. We may provide additional "just-in-time" disclosures or information about the data processing practices of specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your data.
If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of our Services.

CHANGES TO THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time which will be indicated by changing the date at the top of this page. If we make any material changes, we will notify you by email (sent to the email address specified in your account), by means of a notice on our Services prior to the change becoming effective, or as otherwise required by law.

The Fuinre Inc operating entity you contract with determines the means and purposes of processing your personal information in relation to the Services provided to you (typically referred to as a “data controller”).
You may be asked to provide personal information anytime you are in contact with any Fuinre Inc companies. The Fuinre Inc companies may share your personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, and content (additional details below). For example, even if you do not reside in the United States (the “US”), your information may be shared with FMCPay. which provides global support for all Services including technical infrastructure, product development, security, compliance, fraud prevention, and customer support.
If you have any questions about your FMCPay Account, your personal information, or this Privacy Policy, please submit your request via our Support Portal.

THE PERSONAL INFORMATION WE COLLECT

Personal information is typically data that identifies an individual or relates to an identifiable individual. This includes information you provide to us, information which is collected about you automatically, and information we obtain from third parties. The definition of personal information depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this Privacy Policy.
Information you provide to us:
To establish an account and access our Services, we'll ask you to provide us with some important information about yourself. This information is either required by law (e.g. to verify your identity), necessary to provide the requested services (e.g. you will need to provide your bank account number if you'd like to link that account to FMCPay), or is relevant for certain specified purposes, described in greater detail below. As we add new features and Services, you may be asked to provide additional information.
Please note that we may not be able to serve you as effectively or offer you our Services if you choose not to share certain information with us. Any information you provide to us that is not required is voluntary.
We may collect the following types of information from you:
Personal Identification Information: Full name, date of birth, nationality, gender, signature, utility bills, photographs, phone number, home address, and/or email.
Formal Identification Information: Government issued identity document such as Passport, Driver's License, National Identity Card, State ID Card, Tax ID number, passport number, driver's license details, national identity card details, visa information, and/or any other information deemed necessary to comply with our legal obligations under financial or anti-money laundering laws.
Institutional Information: Employer Identification number (or comparable number issued by a government), proof of legal formation (e.g. Articles of Incorporation), personal identification information for all material beneficial owners.
Financial Information: Bank account information, payment card primary account number (PAN), transaction history, trading data, and/or tax identification.
Transaction Information: Information about the transactions you make on our Services, such as the name of the recipient, your name, the amount, and/or timestamp.
Employment Information: Office location, job title, and/or description of role.
Correspondence: Survey responses, information provided to our support team or user research team.
Information we collect from you automatically:
To the extent permitted under the applicable law, we may collect certain types of information automatically, such as whenever you interact with the Sites or use the Services. This information helps us address customer support issues, improve the performance of our Sites and applications, provide you with a streamlined and personalized experience, and protect your account from fraud by detecting unauthorized access. Information collected automatically includes:
Online Identifiers: Geo location/tracking details, browser fingerprint, operating system, browser name and version, and/or personal IP addresses.
Usage Data: Authentication data, security questions, click-stream data, public social networking posts, and other data collected via cookies and similar technologies. Please read our Cookie Policy for more information.
For example, we may automatically receive and record the following information on our server logs:
How you came to and use the Services;
Device type and unique device identification numbers;
Device event information (such as crashes, system activity and hardware settings, browser type, browser language, the date and time of your request and referral URL);
How your device interacts with our Sites and Services, including pages accessed and links clicked;
Broad geographic location (e.g. country or city-level location); and
Other technical data collected through cookies, pixel tags and other similar technologies that uniquely identify your browser.
We may also use identifiers to recognize you when you access our Sites via an external link, such as a link appearing on a third party site.
Information collected from third parties:
From time to time, we may obtain information about you from third party sources as required or permitted by applicable law. These sources may include:
Public Databases, Credit Bureaus & ID Verification Partners: We obtain information about you from public databases and ID verification partners for purposes of verifying your identity in accordance with applicable law. ID verification partners like World-Check use a combination of government records and publicly available information about you to verify your identity. Such information may include your name, address, job role, public employment profile, credit history, status on any sanctions lists maintained by public authorities, and other relevant data. We obtain such information to comply with our legal obligations, such as anti-money laundering laws. In some cases, we may process additional data about you to assess risk and ensure our Services are not used fraudulently or for other illicit activities. In such instances, processing is necessary for us to continue to perform our contractual obligations with you and others. World-Check's Privacy Policy, available at https://www.FMCPay.com, describes its collection and use of personal data.
Blockchain Data: We may analyze public blockchain data to ensure parties utilizing our Services are not engaged in illegal or prohibited activity under our Terms, and to analyze transaction trends for research and development purposes.
Joint Marketing Partners & Resellers: For example, unless prohibited by applicable law, joint marketing partners or resellers may share information about you with us so that we can better understand which of our Services may be of interest to you.
Advertising Networks & Analytics Providers: We work with these providers to provide us with de-identified information about how you found our Sites and how you interact with the Sites and Services. This information may be collected prior to account creation - for more information on how you can manage collection of this data, please see our Cookie Policy.
ANONYMIZED AND AGGREGATED DATA:
Anonymization is a data processing technique that modifies personal information so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Policy applies to anonymized or aggregated customer data (i.e. information about our customers that we combine together so that it no longer identifies or references an individual customer).
FMCPay may use anonymized or aggregate customer data for any business purpose, including to better understand customer needs and behaviors, improve our products and services, conduct business intelligence and marketing, and detect security threats. We may perform our own analytics on anonymized data or enable analytics provided by third parties.
Types of data we may anonymize include, transaction data, click-stream data, performance metrics, and fraud indicators.
HOW YOUR PERSONAL INFORMATION IS USED:
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We generally use personal information to create, develop, operate, deliver, and improve our Services, content and advertising; and for loss prevention and anti-fraud purposes.
We may use this information in the following ways:
To maintain legal and regulatory compliance
Most of our core Services are subject to laws and regulations requiring us to collect, use, and store your personal information in certain ways. For example, Fuinre Inc must identify and verify customers using our Services in order to comply with anti-money laundering laws across jurisdictions. This includes collection and storage of your photo identification. In addition, we use third parties to verify your identity by comparing the personal information you provide against third-party databases and public records. When you seek to link a bank account to your Fuinre Account, we may require you to provide additional information which we may use in collaboration with service providers acting on our behalf to verify your identity or address, and/or to manage risk as required under applicable law. If you do not provide personal information required by law, we will have to close your account.
To enforce our terms in our user agreement and other agreements
Fuinre Inc handles sensitive information, such as your identification and financial data, so it is very important for us and our customers that we actively monitor, investigate, prevent, and mitigate any potentially prohibited or illegal activities, enforce our agreements with third parties, and/or prevent and detect violations of our posted user agreement or agreements for other Services. In addition, we may need to collect fees based on your use of our Services. We collect information about your account usage and closely monitor your interactions with our Services. We may use any of your personal information collected for these purposes. The consequences of not processing your personal information for such purposes is the termination of your account.
To detect and prevent fraud and/or funds loss
We process your personal information in order to help detect, prevent, and mitigate fraud and abuse of our services and to protect you against account compromise or funds loss.
To provide FMCPay's Services
We process your personal information to provide the Services to you. For example, when you want to store funds on our platform, we require certain information such as your identification, contact information, and payment information. We cannot provide you with Services without such information. Third parties such as identity verification services may also access and/or collect your personal information when providing identity verification and/or fraud prevention services.
To provide Service communications
We send administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information. Without such communications, you may not be aware of important developments relating to your account that may affect how you can use our Services. You may not opt-out of receiving critical service communications, such as emails or mobile notifications sent for legal or security purposes.
To provide customer service
We process your personal information when you contact us to resolve any questions, disputes, collect fees, or to troubleshoot problems. Without processing your personal information for such purposes, we cannot respond to your requests and ensure your uninterrupted use of the Services.
To ensure quality control
We process your personal information for quality control and staff training to make sure we continue to provide you with accurate information. If we do not process personal information for quality control purposes, you may experience issues on the Services such as inaccurate transaction records or other interruptions.
To ensure network and information security
We process your personal information in order to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks and to comply with applicable security laws and regulations. The threat landscape on the internet is constantly evolving, which makes it more important than ever that we have accurate and up-to-date information about your use of our Services. Without processing your personal information, we may not be able to ensure the security of our Services.
For research and development purposes
We process your personal information to better understand the way you use and interact with FMCPay's Services. In addition, we use such information to customise, measure, and improve FMCPay's Services and the content and layout of our website and applications, and to develop new services. Without such processing, we cannot ensure your continued enjoyment of our Services.
To enhance your experience
We process your personal information to provide a personalized experience, and implement the preferences you request. For example, you may choose to provide us with access to certain personal information stored by third parties. Without such processing, we may not be able to ensure your continued enjoyment of part or all of our Services.
To facilitate corporate acquisitions, mergers, or transactions
We may process any information regarding your account and use of our Services as is necessary in the context of corporate acquisitions, mergers, or other corporate transactions. You have the option of closing your account if you do not wish to have your personal information processed for such purposes.
To engage in marketing activities
Based on your communication preferences, we may send you marketing communications (e.g. emails or mobile notifications) to inform you about our events or our partner events; to deliver targeted marketing; and to provide you with promotional offers. Our marketing will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law.
For any purpose
We may disclose your personal information for any purpose you consent to.
The following chart summarizes how we use the categories of personal information we collect from consumers:
We will not use your personal information for purposes other than those purposes we have disclosed to you, without your permission. From time to time, and as required under the applicable law, we may request your permission to allow us to share your personal information with third parties. You may opt out of having your personal information shared with third parties, or allowing us to use your personal information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your authorization. If you choose to so limit the use of your personal information, certain features or Fuinre Inc Services may not be available to you.
EEA Data Subjects
Legal Bases for Processing your Information
For individuals who are located in the European Economic Area, United Kingdom or Switzerland (collectively “EEA Residents”) at the time their personal data is collected, we rely on legal bases for processing your information under Article 6 of the EU General Data Protection Regulation (“GDPR”). We generally only process your data where we are legally required to, where processing is necessary to perform any contracts we entered with you (or to take steps at your request prior to entering into a contract with you), for our legitimate interests to operate our business or to protect Fuinre Inc's or your, property, rights, or safety, or where we have obtained your consent to do so. Below is a list of the purposes described in our policy with the corresponding legal bases for processing.
Section & Purpose of Processing
Legal Bases for Processing
(2) To enforce our terms in our user agreement and other agreements
(4) To provide Fuinre Inc's Services
(5) To provide Service communications
(6) To provide customer service
(7) To ensure quality control
Based on our contract with you or to take steps at your request prior to entering into a contract.
(9) For research and development purposes
(10) To enhance your experience
(11) To facilitate corporate acquisitions, mergers, or transactions
(12) To engage in direct marketing activities
Based on our legitimate interests. When we process your personal data for our legitimate interests we always ensure that we consider and balance any potential impact on you and your rights under data protection laws.
(1) To maintain legal and regulatory compliance
(3) To detect and prevent fraud and/or funds loss
(8) To ensure network and information security
Based on our legal obligations, the public interest, or in your vital interests.
(10) To enhance your experience
(12) To engage in third party marketing activities
(13) For any purpose
Based on your consent.

Marketing
Direct Marketing: Direct marketing includes any communications to you that are only based on advertising or promoting our products and services. We will only contact you by electronic means (email or SMS) based on our legitimate interests, as permitted by applicable law, or your consent. To the extent we can rely on legitimate interest under the applicable law, we will only send you information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, we will contact you by electronic means for marketing purposes only if you have consented to such communication. If you do not want us to send you marketing communications, please go to your account settings to opt-out or submit a request via our Support Portal. You may raise such objection with regard to initial or further processing for purposes of direct marketing, at any time and free of charge. Direct marketing includes any communications to you that are only based on advertising or promoting our products and services.
Third Party Marketing: We will obtain your express consent before we share your personal information with any third parties for marketing purposes.
WHY WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES
We take care to allow your personal information to be accessed only by those who require access to perform their tasks and duties, and to share only with third parties who have a legitimate purpose for accessing it. Fuinre Inc will never sell or rent your personal information to third parties without your explicit consent. We will only share your information in the following circumstances:
With third party identity verification services in order to prevent fraud. This allows Fuinre Inc to confirm your identity by comparing the information you provide us to public records and other third party databases. These service providers may create derivative data based on your personal information that can be used in connection with the provision of identity verification and fraud prevention services. For example:
We may use Jumio Corporation or Jumio UK, Limited (collectively “Jumio”) to verify your identify by determining whether a selfie you take matches the photo in your government issued identity document. The information collected from your photo may include biometric data. Jumio's Privacy Policy, available at https: https://www.FMCPay.us., describes its collection and use of personal information.
We may use Sift Science, Inc. (“Sift”) to detect and prevent fraudulent activity on your account in real time. Information shared with Sift is treated by Sift in accordance with its Privacy Policy, available at https://www.FMCPay.us..
If you are based in the US, FMCPay may use Plaid, Inc. ("Plaid") to connect your FMCPay account with your bank account, verify your bank account and confirm your bank account balance prior to approving a transaction. Information shared with Plaid is treated by Plaid in accordance with its Privacy Policy, available at https://www.FMCPay.us..
With financial institutions with which we partner to process payments you have authorized.
With service providers under contract who help with parts of our business operations. Our contracts require these service providers to only use your information in connection with the services they perform for us, and prohibit them from selling your information to anyone else. Examples of the types of service providers we may share personal information with (other than those mentioned above) include:
Network infrastructure
Cloud storage
Payment processing
Transaction monitoring
Security
Document repository services
Customer support
Internet (e.g. ISPs)
Data analytics
Information Technology
Marketing
With companies or other entities that we plan to merge with or be acquired by. You will receive prior notice of any change in applicable policies.
With companies or other entities that purchase Fuinre Inc assets pursuant to a court-approved sale or where we are required to share your information pursuant to insolvency law in any applicable jurisdiction.
With our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of our operations or otherwise comply with our legal obligations.
With law enforcement, officials, or other third parties when we are compelled to do so by a subpoena, court order, or similar legal procedure, or when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement or any other applicable policies.
If you establish a FMCPay Account indirectly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on a FMCPay website) will be shared with the owner of the third party website or application and your information will be subject to their privacy policies.
THIRD-PARTY SITES AND SERVICES
If you authorize one or more third-party applications to access your FMCPay Services, then information you have provided to FMCPay may be shared with those third parties. A connection you authorize or enable between your FMCPay account and a non-FMCPay account, payment instrument, or platform is considered an “account connection.” Unless you provide further permissions, Fuinre Inc will not authorize these third parties to use this information for any purpose other than to facilitate your transactions using FMCPay Services. Please note that third parties you interact with may have their own privacy policies, and Fuinre Inc is not responsible for their operations or their use of data they collect. Information collected by third parties, which may include such things as contact details, financial information, or location data, is governed by their privacy practices and Fuinre Inc is not responsible for unauthorized third-party conduct. We encourage you to learn about the privacy practices of those third parties.
Examples of account connections include:
Merchants: If you use your FMCPay account to conduct a transaction with a third party merchant, the merchant may provide data about you and your transaction to us.
Your Financial Services Providers: For example, if you send us funds from your bank account, your bank will provide us with identifying information in addition to information about your account in order to complete the transaction.
Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party's privacy practices. Please review the privacy notice of any third-party that will gain access to your personal information.
FMCPay is not responsible for such third party conduct.
SPECIAL PROVISIONS RELATING TO FMCPAY CARD USERS
If you sign up to use the Digital Currency backed debit card Service (the “FMCPay Card”) provided by Fuinre Inc via the dedicated app for that Service (the “FMCPay Card App”), we will process your personal information in accordance with this Policy.
In order to provide the FMCPay Card Service to you, we have partnered with Paysafe Financial Services Limited and Paysafe Payment Solution Limited (collectively “Paysafe”). Paysafe is the issuer of the FMCPay Card and is a member of the Visa and Mastercard card schemes, one of which will be used to enable your FMCPay Card to operate as a normal debit card. When you sign up on the FMCPay Card App you agree to Paysafe's own terms and conditions and Privacy Policy (available at https://www.FMCPay.us., and as a result Paysafe will be an independent data controller in relation to the personal information they collect and hold relating to you.
We may at times need to share some of your personal information that we control with Paysafe to enable us and Paysafe to provide you with the FMCPay Card Service. Where we do this, Paysafe will act as a data processor and only process your personal information to the extent necessary to enable us and Paysafe to provide the FMCPay Card Service to you.
HOW WE PROTECT AND STORE PERSONAL INFORMATION
We understand how important your privacy is, which is why Fuinre Inc maintains (and contractually requires third parties it shares your information with to maintain) appropriate physical, technical and administrative safeguards to protect the security and confidentiality of the personal information you entrust to us.
We may store and process all or part of your personal and transactional information, including certain payment information, such as your encrypted bank account and/or routing numbers, in the US and elsewhere in the world where our facilities or our service providers are located. We protect your personal information by maintaining physical, electronic, and procedural safeguards in compliance with the applicable laws and regulations.
For example, we use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities. Full credit card data is securely transferred and hosted off-site by payment vendors like Worldpay, (UK) Limited, Worldpay Limited, or Worldpay AP Limited (collectively “Worldpay”) in compliance with Payment Card Industry Data Security Standards (PCI DSS). This information is not accessible to Fuinre Inc staff. For more information about how Worldpay stores and uses your information, please see Worldpay's Privacy Policy at https://www.FMCPay.us. However, we cannot guarantee that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. Please recognize that you play a vital role in protecting your own personal information. When registering with our Services, it is important to choose a password of sufficient length and complexity, to not reveal this password to any third-parties, and to immediately notify us if you become aware of any unauthorized access to or use of your account.
Furthermore, we cannot ensure or warrant the security or confidentiality of information you transmit to us or receive from us by Internet or wireless connection, including email, phone, or SMS, since we have no way of protecting that information once it leaves and until it reaches us. If you have reason to believe that your data is no longer secure, please contact us using the contact information provided in this Privacy Policy.
RETENTION OF PERSONAL INFORMATION
We store your personal information securely throughout the life of your FMCPay Account. We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about our typical retention periods for different aspects of your personal information are described below.
Personal information collected to comply with our legal obligations under financial or anti-money laundering laws may be retained after account closure for as long as required under such laws.
Contact Information such as your name, email address and telephone number for marketing purposes is retained on an ongoing basis until you unsubscribe. Thereafter we will add your details to our suppression list to ensure we do not inadvertently market to you.
ontent that you post on our website such as support desk comments, photographs, videos, blog posts, and other content may be kept after you close your account for audit and crime prevention purposes (e.g. to prevent a known fraudulent actor from opening a new account).
Recording of our telephone calls with you may be kept for a period of up to six years.
Information collected via technical means such as cookies, web page counters and other analytics tools is kept for a period of up to one year from expiry of the cookie.
CHILDREN'S PERSONAL INFORMATION
We do not knowingly request to collect personal information from any person under the age of 18. If a user submitting personal information is suspected of being younger than 18 years of age, Fuinre Inc will require the user to close his or her account and will not allow the user to continue using our Services. We will also take steps to delete the information as soon as possible. Please notify us if you know of any individuals under the age of 18 using our Services so we can take action to prevent access to our Services.
CROSS BORDER TRANSFERS
To facilitate our global operations, Fuinre Inc may transfer, store, and process your information within our family of companies, partners, and service providers based throughout the world, including Ireland, Japan, the UK, the US, the Philippines, and possibly other countries. We contractually obligate recipients of your personal information to agree to at least the same level of privacy safeguards as required under applicable data protection laws. By communicating electronically with Fuinre Inc, you acknowledge and agree to your personal information being processed in this way.
If you have a complaint about our privacy practices and our collection, use or disclosure of personal information please submit your request via our Support Portal.
Data transferred out of the EU
We rely primarily on Model Contractual Clauses approved by the European Commission to facilitate the international transfer of personal information collected in the EEA, the United Kingdom and Switzerland (“European Personal Information”), and any onward transfer of such information to the extent the recipients of the European Personal Information are located in a country that the EU considers to not provide an adequate level of data protection. This includes transfers from our EU-based FMCPay operating entities to our US-based operating entity,FMCPay. We may also rely on an adequacy decision of the European Commission confirming an adequate level of data protection in the jurisdiction of the party receiving the information.
FMCPay is responsible for the processing of personal Information it receives and subsequently transfers to a third party acting as an agent on its behalf. Before we share your information with any third party, FMCPay will enter into a written agreement that the third party provides at least the same level of protection for the personal information as required under applicable data protection laws.
FMCPay, also participates in and has certified its compliance with the EU-US Privacy Shield Framework. Under the Privacy Shield Framework, FMCPay is subject to the authority of the Federal Trade Commission. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List at https://www.FMCPay.us.
European data subjects with inquiries or complaints relating to our Privacy Shield certifications should first contact FMCPay via our Support Portal or by emailing [email protected]. If we are unable to resolve your complaint or dispute, you may refer your complaint to our designated independent dispute resolution mechanism, the International Centre for Dispute Resolution ("ICDR"), operated by the American Arbitration Association ("AAA"). For more information and to file a complaint, you may contact the International Centre for Dispute Resolution by phone at +1.212.484.4181, or by visiting the website https://www.FMCPay.us.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.FMCPay.us..
YOUR PRIVACY RIGHTS
Depending on applicable law where you reside, you may be able to assert certain rights related to your personal information identified below. If any of the rights listed below are not provided under law for your operating entity or jurisdiction, Fuinre Inc has absolute discretion in providing you with those rights.
Your rights to personal information are not absolute. Depending upon the applicable law, access may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another's privacy; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or for other reasons.
Access and portability. You may request that we provide you a copy of your personal information held by us. This information will be provided without undue delay subject to a potential fee associated with gathering of the information (as permitted by law), unless such provision adversely affects the rights and freedoms of others. In certain circumstances, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another data controller.
Rectification of incomplete or inaccurate personal information. You may request us to rectify or update any of your personal information held by Fuinre Inc that is inaccurate. You may do this at any time by logging in to your account and clicking the Profile or My Account tab.
Erasure. You may request to erase your personal information, subject to applicable law. If you close your FMCPay Account, we will mark your account in our database as "Closed," but will keep certain account information, including your request to erase, in our database for a period of time as described above. This is necessary to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account, and to comply with Fuinre Inc's legal obligations. However, if you close your account, your personal information will not be used by us for any further purposes, nor shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Privacy Policy.
Withdraw consent. To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of Fuinre Inc's processing based on consent before your withdrawal.
Restriction of processing. In some jurisdictions, applicable law may give you the right to restrict or object to us processing your personal information under certain circumstances. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
Automated individual decision-making, including profiling. Fuinre Inc relies on automated tools to help determine whether a transaction or a customer account presents a fraud or legal risk. In some jurisdictions, you have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, save for the exceptions applicable under relevant data protection laws.
How to make a privacy request
You can make privacy rights requests relating to your personal information by going to your Privacy Rights Dashboard or, if you cannot access the Dashboard, by contacting us via our Support Portal. Our Privacy Rights Dashboard also allows you to set your communication preferences and make individual rights requests relating to your personal information. We strongly encourage you to make any individual rights requests through the Privacy Rights Dashboard because it ensures that you have been authenticated already (based on the KYC information you have provided to open your account and by providing the necessary login credentials and multi-factor authentication to access the account). Otherwise, when we receive an individual rights request via other intake methods, we may take steps to verify your identity before complying with the request to protect your privacy and security.
How to lodge a complaint
If you believe that we have infringed your rights, we encourage you to first submit a request via our Support Portal so that we can try to resolve the issue or dispute informally. If that does not resolve your issue, you may contact the FMCPay Data Protection Officer at [email protected]
If you reside in the EU, you can file a complaint with the International Centre for Dispute Resolution by phone at +1.212.484.4181, or by visiting the website , or your relevant data protection authority.
In the UK, the relevant data protection authority is Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, 0303 123 1113, [email protected].
In Ireland, the relevant data protection authority is the Data Protection Commission, Canal House, Station Road, Portarlington, R32 AP23 Co. Laois; phone: +353 (0761) 104 800; LoCall: 1890 25 22 31; Fax: +353 57 868 4757; email: [email protected]
CALIFORNIA PRIVACY RIGHTS
In addition to the rights provided for above, if you are a California resident, you have the right to request information from us regarding whether we share certain categories of your personal information with third parties for the third parties' direct marketing purposes. To the extent we share you personal information in this way, you may receive the following information:
The categories of information we disclosed to third parties for the third parties' direct marketing purposes during the preceding calendar year; and
(b) the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.
Effective January 1, 2021, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights in relation to their personal information, subject to limited exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Rights section.
For personal information collected by us during the preceding 12 months that is not otherwise subject to an exception, California residents have the right to access and delete their personal information. Fuinre Inc will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you services, charge you different prices for services or provide you a different level or quality of services.
To the extent we sell your personal information to third parties, you also have the right to request that we disclose to you: (i) the categories of your personal information that we sold, and (ii) the categories of third parties to whom your personal information was sold. You have the right to direct us not to sell your personal information. Fuinre Inc does not sell your personal information in its ordinary course of business and will never sell your personal information to third parties without your explicit consent.
Should Fuinre Inc engage in any of the activities listed in this section, your ability to exercise these rights will be made available to you in your account settings. You can exercise your rights by going to your Privacy Rights Dashboard or contacting us via our Support Portal so that we may consider your request.
If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. We will respond to your authorized agent's request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf, or are unable to verify their identity.


HOW TO CONTACT US
If you have questions or concerns regarding this Privacy Policy, or if you have a complaint, please contact us on our Support page, at, [email protected] or by writing to us at the address of your operating entity (provided above).
Cookie Policy

FMCPAY COOKIE POLICY
Effective Date:.., 2021
This Cookie Policy explains how FMCPay and its group companies ("Fuinre Inc", "we", "us" and "our") use cookies and similar technologies when you visit our websites located at https://www.FMCPay.us or any other websites, pages, features, or content we own or operate (collectively, the "Site(s)"), when you use the FMCPay mobile app, and/or when you interact with FMCPay online advertisements or marketing emails (collectively the "Services"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.
In some cases, we may use cookies and similar technologies to collect personal information, or information that becomes personal information if we combine it with other information. In such cases the FMCPay Global Privacy Policy will apply in addition to this Cookie Policy.
If you have any questions about our use of cookies or other technologies, please submit your request via our Support Portal at https://www.FMCPay.us.
WHAT ARE COOKIES?
Cookies are small files, typically of letters and numbers, downloaded onto your computer or mobile device when you visit certain websites. When you return to these websites, or visit other websites that use the same cookies, the websites recognize these cookies and your browsing device. A cookie cannot read data off your hard drive or read cookie files created by other websites.
Cookies set by the website operator are called "first party cookies". Cookies set by parties other than the website operator are called "third party cookies". The parties that set third party cookies can recognize your web browser both when it visits the FMCPay website and when it visits certain other websites where the third party’s cookies are also present.
More information on cookies and their use can be found at https://www.FMCPay.us.
WHY DO WE USE COOKIES?
When you access our Sites and Services, we or companies we work with may place cookies on your computer or other device. These technologies help us better understand user behavior, and inform us about which parts of our websites people have visited.
We use first party and third party cookies to recognize you as a FMCPay customer, customize FMCPay Services, content, and advertising, to measure promotional effectiveness, and to collect information about your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.
We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from FMCPay. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party's website for more information on how they use cookies.
The following are some examples of information that we collect and how we may use it:
We may collect and store details of how you use our Sites and Services. Except in limited instances to ensure quality of our Services over the Internet, such information will not be associated with your IP address.
We may collect information such as your language, inferred zip code or area code, unique device identifier, referrer URL, location, and time zone so that we can better understand customer behavior and improve our Services.
We may collect information regarding customer activities on our websites and platforms, which is used to understand which parts of our Sites and Services are of most interest. This data is aggregated, and thus is considered non-personal information for the purposes of this Cookie Policy and our Global Privacy Policy.
WHAT TYPES OF COOKIES DO WE USE?
We use the following types of cookies:
Strictly Necessary Cookies
These cookies are necessary for the Sites 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. These also include cookies we may rely on for fraud prevention. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
Performance/Analytics Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Sites. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. 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 Cookies
These cookies allow us to remember the choices you make and to tailor our Services so we can provide relevant content to you. For example, a functionality cookie can remember your preferences (e.g., country or language selection), or your username.
Targeting/Advertising Cookies
FMCPay uses third party service providers to display advertising on our Services and serve advertising on other third party sites that may be relevant to you or your interests. These cookies are also used to help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information may be shared with other organizations, such as advertisers. This means that after you have been to our websites, you may see some advertisements about our Services elsewhere on the Internet. The information collected through this process by the third party service providers does not enable us or them to identify your name, contact details or other personal information that directly identifies you unless you choose to provide these. Such advertising will only be delivered where permitted by applicable law. If you do not allow these cookies, you will experience less advertising tailored to your inferred interests on our Sites and will not receive targeted FMCPay advertisements on third party websites.
HOW LONG WILL COOKIES STAY ON MY BROWSING DEVICE?
The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you close your browser. Persistent cookies stay on your browsing device until they expire or are deleted.
WHAT OTHER SIMILAR TECHNOLOGIES DOES FMCPAY USE?
In addition to cookies, we may use other similar technologies, like web beacons to track users of our Sites and Services. Web beacons, or "clear gifs," are tiny graphics with a unique identifier, similar in function to cookies. They are used to track the online movements of web users.
In contrast to cookies, which are stored on a user's computer hard drive or device, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We and our third-party service provider employ web beacons for the reasons stated above (under "Cookies"), but primarily to help us better manage content on our Services by informing us which content is effective.
We may also use so-called "Flash Cookies" (also known as "Local Shared Objects or "LSOs") to collect and store information about your use of our services, fraud prevention and for other site operations.
HOW TO MANAGE COOKIES, SIMILAR TECHNOLOGIES AND TARGETED ONLINE MOBILE ADVERTISING ?
You have the right to decide whether to accept cookies. You can exercise your preferences in relation to cookies served on our Sites by taking the steps outlined below.
Cookies. You can enable or disable categories of cookies by visiting our Cookie Consent Manager. This includes both first party and third party cookies. You can also use the browser with which you are viewing this website to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings), or review the instructions provided by the browsers listed here: Internet Explorer, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile, and Android browser. Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Sites and Services. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.
There are also additional tools available to manage third party cookies. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where individuals can opt out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at at http://optout.aboutads.info/, the DAA of Canada’s opt-out portal available at https://youradchoices.ca/en/tools, or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c=1. Residents of the European Union may opt-out of online behavioral advertising served by the European Interactive Digital Advertising Alliance’s participating member organizations by visiting https://www.youronlinechoices.eu/.
Mobile Advertising: You can opt out of having your mobile advertising identifiers used for certain types of advertising by accessing the appropriate settings in your mobile device and following the instructions. If you opt-out, we will remove all data about you and will not collect any further data. The random ID previously assigned to you will be removed. Thus, if at a later stage, you decide to opt-in, we will be unable to continue and track you using the prior ID and you will for all practical purposes be a new user. For iOS devices, to limit interest-based ad tracking, go to Settings > Privacy > Advertising > Turn on “Limit Ad Tracking.” For Android devices, go to Settings > Google services > Ads > Turn on “Opt out of Ads Personalization." For iOS and Android, you can also reset the advertising identifier that is currently assigned to you.
To opt-out of data collection for interest-based advertising across mobile applications by participating companies, download the DAA’s AppChoices mobile application opt-out offering here: https://www.FMCPay.us.
Do Not Track: Some Internet browsers - like Internet Explorer, Firefox, and Safari - include the ability to transmit "Do Not Track" or "DNT" signals. Since uniform standards for "DNT" signals have not been adopted, our Sites do not currently process or respond to "DNT" signals.
Flash Cookies. If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the website storage settings panel, available here: http://www.macromedia.com/ support / document / en / flashplayer / help / settings_manager07.html. You can also control Flash Cookies by going to the global storage settings panel and following the instructions. Setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.
WILL THIS COOKIE POLICY BE UPDATED ?
We may update this Cookie Policy from time to time to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. If we do, you will be notified when you first visit our website after the change. You can also revisit this page if you wish to keep yourself informed.
APPENDIX A: Cookie Table
We may update this Cookie Policy from time to time to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. If we do, you will be notified when you first visit our website after the change. You can also revisit this page if you wish to keep yourself informed.
Internal Cookies and Technologies
The following are first-party cookies used on properties including FMCPay.com and other domains operated by FMCPay.


Insurance
Digital Currency Balances
FMCPay secures customer digital currency through a combination of secure, online servers and offline (“cold”) storage. FMCPay maintains 98% or more of customer digital currency in cold storage, with the remainder in secure online servers as necessary to serve the liquidity needs of our customers.
FMCPay maintains commercial criminal insurance in an aggregate amount that is greater than the value of digital currency we maintain in online storage. Our insurance policy is made available through a combination of third-party insurance underwriters and FMCPay, who is a co-insurer under the policy.
The policy insures against theft of digital currency that results from a security breach or hack, employee theft, or fraudulent transfer.
Our policy does not cover any losses resulting from unauthorized access to your personal FMCPay or Coinbase Pro account(s). It is your responsibility to use a strong password and maintain control of all login credentials you use to access FMCPay and Coinbase Pro. Digital currency is not legal tender and is not backed by the government. Digital currency, such as Bitcoin, Litecoin, and Ethereum, is not subject to Federal Deposit Insurance Corporation (“FDIC”) or Securities Investor Protection Corporation protections.
Cash Balances
Cash balances, such as U.S. Dollars, British Pounds, Euros, customers store with FMCPay are held as a balance in your FMCPay or Coinbase Pro account(s). For U.S. customers, FMCPay combines your balance with the balances of other customers and holds those funds in custodial accounts at U.S. banks and/or invests those funds in liquid U.S. Treasuries or USD denominated money market funds in accordance with state money transmitter laws. Funds could be held in any one of these three manners so customers should not assume that funds are being held in one manner over the other. For non-U.S. customers, funds are held as cash in dedicated custodial accounts. All custodial pooled amounts are held separate from FMCPay funds, and FMCPay will neither use these funds for its operating expenses or any other corporate purposes.
To the extent U.S. customer funds are held as cash, they are maintained in pooled custodial accounts at one or more banks insured by the FDIC. Our custodial accounts have been established in a manner to make available pass-through FDIC insurance up to the per-depositor coverage limit then in place (currently $250,000 per individual). FDIC pass-through insurance protects funds held on behalf of a FMCPay customer against the risk of loss should any FDIC-insured bank(s) where we maintain custodial accounts fail. FDIC insurance coverage is contingent upon FMCPay maintaining accurate records and on determinations of the FDIC as receiver at the time of a receivership of a bank holding a custodial account.
Licenses
Market Data
Please carefully read the entirety of these Terms. By accessing or using Coinbase Pro Market Data, you agree to be bound by these Terms, including all amendments and updates made between your initial acceptance of these Terms and any future access or use. If you do not agree to these Terms, do not access or use the Coinbase Pro Market Data.
These Market Data Terms of Use (the "Terms") are entered into between you and Fuinre Inc and govern your use of Market Data. For purposes of these Terms, "Market Data" means all data related to trading activity on Coinbase Pro (a digital asset exchange platform provided by Fuinre Inc) made available to you through Coinbase Pro's application programming interface(s) (the "Coinbase Pro API"), which may include, without limitation, the prices and quantities of orders and transactions executed on Coinbase Pro.
You represent and warrant that you are of legal age to enter into a binding agreement and are otherwise legally able and competent to enter into and carry out these Terms. If you are using Market Data on behalf of any entity, you represent and warrant that you are authorized to enter into these Terms on such entity's behalf, and that such entity agrees to be responsible to Fuinre Inc if you or that entity violates these Terms.
Different Data Packages. Fuinre Inc may offer different datafeeds, tiers, or packages of Market Data from time to time. Please see Market Data API docs for more information about available Market Data packages. Please verify the scope and type of Market Data in your package before using it.
Permission to Use Market Data. Subject to the restrictions set forth below and all other terms of this Agreement, Fuinre Inc hereby grants you a worldwide, royalty-free, revocable, nonexclusive, nontransferable, non-sublicensable, limited license, solely for your internal purposes and in accordance with applicable law, to use, copy, store, and create derivative works (such as charts, analytics and digital asset orders), from Market Data.
Restrictions and Responsibilities. Absent prior express written consent from Fuinre Inc, you may not:
Alter, manipulate, or misrepresent Market Data, or present Market Data in a false or misleading light;
Redistribute, display, or disseminate the Market Data—or any data, charts, analytics, research, or other works based on, referring to, or derived from the Market Data ("Derived Works")—to any third party;
Use Market Data or authorized Derived Works, directly or indirectly, to create any of the following Derived Works, whether for internal use or otherwise: (i) indexes, fixings, or other benchmarks; (ii) generic or fair value prices; or (iii) valuations of Digital Currencies, digital tokens, securities, or financial derivatives (whether for purposes of settlement or otherwise); or
Use any Market Data or Derived Work (understanding, for clarity, that"Derived Works" includes combinations of Market Data or Derived Works with one or more other benchmarks or indexes) as a benchmark. Use "as a benchmark" includes, without limitation:
Issuance of a financial instrument which references Market Data or a Derived Work; or
Determination of the amount payable under a financial instrument or a financial contract by referencing Market Data or a Derived Work; or
Being a party to a financial contract which references Market Data or a Derived Work; or
Providing a borrowing rate calculated as a spread or mark-up over Market Data or a Derived Work and that is used as a reference in a financial contract to which the creditor is a party; or
Measuring the performance of an investment fund through Market Data or a Derived Work for the purpose of tracking the same, of defining the asset allocation of a portfolio, or of computing performance fees.
Ownership and Proprietary Rights.
Market Data. You acknowledge that as between Fuinre Inc and you, the Market Data and all rights in the Market Data (including all copyrights, database rights, and all other proprietary rights) are exclusively the property of Fuinre Inc. In addition and independently of the foregoing, you acknowledge that the Market Data is the product of substantial expenditure by Fuinre Inc of labor, skill, and money, and your use of Market Data in contravention of these Terms would misappropriate the benefits of those expenditures. Fuinre Inc reserves all rights in the Market Data not expressly granted in these Terms. At the request and expense of Fuinre Inc, you agree that you will take all reasonable steps, such as the execution of written documents, that may be necessary to protect, perfect, and enforce Fuinre Inc's rights in the Market Data.
Equitable Relief. Without limiting any other rights of Fuinre Inc under these Terms, the parties recognize that a breach of the restrictions applicable herein to the use of Market Data would give rise to irreparable injury to Fuinre Inc such that monetary damages alone would not be an adequate remedy. You and Fuinre Inc agree that in the event of such a breach, Fuinre Inc will be entitled to equitable relief, including in the form of injunctive relief, and you hereby waive any requirement for the securing or posting of any bond or the showing that actual monetary damages will not afford an adequate remedy in connection with seeking such relief.
Changes to Market Data and Suspension of Access. Fuinre Inc may from time to time, without notice and in its sole discretion, withdraw, suspend, or change the Market Data or your access to the Market Data. You agree that Fuinre Inc has no obligation to provide the Market Data to you and will not be liable if any Market Data is unavailable or changes for any reason.
Changes to Terms. Fuinre Inc may modify these Terms from time to time in its discretion. It is your responsibility to monitor updates to these Terms. Your continued use of Market Data signifies your agreement to any such updates. If you do not agree, you may not continue to use Market Data.
Disclaimers. To the maximum extent permitted by applicable law:
The Market Data is provided "as is" and "as available", and Fuinre Inc hereby disclaims all warranties, express, statutory, or implied (including, without limitation, implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, and all warranties arising from course of dealing, usage or trade practice).
For clarity and without limiting the foregoing, Fuinre Inc makes no guarantees regarding the accuracy, completeness, timeliness, security, availability, or integrity of the Market Data or that the Market Data will be uninterrupted or operate in combination with any software, service, system, or other data.
You access and use the Market Data entirely at your sole risk, and Fuinre Inc will not be responsible for any actions you take based on the Market Data.
Indemnification. To the maximum extent permitted by law, you must indemnify and hold harmless Fuinre Inc, its affiliates, and its and their respective directors, officers, employees, and agents ("Fuinre Inc Protected Parties") against all liabilities, costs, damages, and expenses arising out of or relating to your use of Market Data, including damages arising directly from your act or omission (including without limitation breach of these Terms) as well as judgments, settlements, and expenses (including reasonable attorneys' fees and legal costs) arising from a threatened or actual suit, investigation, proceeding, or other claim between you and a Fuinre Inc Protected Party or between a third party and a Fuinre Inc Protected Party arising out of or relating to your use of Market Data. Fuinre Inc may control the defense of any such Claim, at your cost and expense, and you will provide Fuinre Inc any assistance that Fuinre Inc reasonably requests in defending any such Claim.
Limitation of Liability. To the maximum extent permitted by applicable law, the Fuinre Inc Protected Parties will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages of any kind—including lost profits or trading losses—related to the market data or these Terms, irrespective of whether such damages arise from claims brought in contract, tort, negligence, warranty, strict liability, or any other theory at law or equity, and even if Fuinre Inc has been advised of the possibility of such damages. Without limiting the foregoing, to the maximum extent permitted by applicable law, in no event will the Fuinre Inc Protected Parties' aggregate liability arising out of or relating to these Terms or your use of Market Data exceed USD$1,000. If any limitations in this paragraph are unenforceable as written in any instance, then such limitations will apply to the maximum extent permitted by applicable law.
Rules of Construction. The words "include", "included", "includes" or "including" as used herein will be understood to be followed by the phrase "without limitation". The word "all" includes "any" and the word "any" includes "all". The words "herein" and "hereunder" refers to all of the Terms. Unless context expressly requires otherwise, the conjunction "or" will be understood to mean "and/or". The section headings in these Terms are inserted for convenience only and are not a part of the Terms and will not affect the meaning or interpretation of these Terms.
Entire Agreement. These Terms constitute the entire agreement between you and Fuinre Inc regarding the Market Data. If you wish to modify these Terms, any amendment must be provided to Fuinre Inc in writing and signed by an authorized representative of Fuinre Inc.
Information for California Residents. If you have a question, complaint, or otherwise wish to contact us regarding the Market Data or these Terms, please contact us at: [email protected]. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at Department of Consumer Affairs Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
Choice of Law. You agree that the laws of the State of New York--without regard to any of its choice-of-law principles that would apply the substantive laws of any other jurisdiction--will govern these Terms and any claim or dispute that may arise between you and Fuinre Inc, except to the extent governed by federal law.
Arbitration. Waiver of Class Action. If you have a dispute with Fuinre Inc, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and Fuinre Inc agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) and you and Fuinre Inc hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party's proprietary rights, including copyrights, trademarks, trade secrets, database rights, patents, and fruits of labor, skill, or money protected under common law principles of unfair competition. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each party will be responsible for any other fees or costs, such as attorney fees that the party may incur.
Compliance with Laws. You must comply with all laws in using the Market Data and you will reasonably cooperate with us to enable us to comply with applicable laws, and any governmental, regulatory or other investigations, audits, or proceedings related to the Market Data.
Assignment and Delegation. You may not assign or delegate any of your rights or obligations under these Terms to anyone without Fuinre Inc's prior written consent, and any assignment in violation of this paragraph will be null and void. Fuinre Inc may freely assign its rights or delegate its obligations under this Agreement, including in connection with any merger, acquisition or asset sale. Subject to the foregoing, this Agreement will bind and inure to the benefit of You and Fuinre Inc, and your and Fuinre Inc's respective successors and permitted assigns.
Severability. In the event any part of these Terms is deemed unenforceable, you and Fuinre Inc authorize a court of competent jurisdiction to make the modifications that are necessary to comply with existing law, in a manner most closely representing the original intent of Fuinre Inc and you as expressed in these Terms.
Trading Rules
FMCPAY is FUINRE INC’s set of limit order books that are accessed by clients through the Paynetcoin Pro and Coinbase Prime trading platforms. The following set of Trading Rules governs orders placed via these trading platforms.
Trading on Coinbase Pro and Coinbase Prime
Paynetcoin operates a central limit order book trading platform, and settles trades in a number of Digital Asset and Fiat Currency Trading Pairs. Each Trader’s Account will list which Order Books are available to the Trader.
Orders
To place an Order on an Order Book, a Trader must have an Available Balance of the relevant Asset in their Account which is sufficient to cover the total value of the Order plus any applicable fees.
When a Trader places an Order, that quantity of the relevant Asset becomes subject to a Hold.
A Trader can place an Order as either a Limit Order, a Market Order, or a Stop Order.
A Trader may cancel an open Maker Order or Stop Order at any time before it is Filled. No fees are charged for canceled Orders.
Limit Orders
A Limit Order is an Order to buy or sell a specified quantity of an Asset at a specified price.
A Limit Order will only ever Fill at the specified price or a better price.
A Limit Order with ‘post-only’ selected will only be posted to the Order Book if it would not be posted at the same price as an existing Order on the Order Book. A Limit Order with ‘post-only’ selected will always be a Maker Order.
A Limit Order without ‘post-only’ selected will be immediately posted to the Order Book (subject to any Time in Force Instructions) and can result in a Maker Order or a Taker Order, or an Order that is partially a Maker Order and partially a Taker Order.
Limit Orders may be placed with one of the following Time in Force Instructions.
Good til canceled: if posted, the Order will remain on the Order Book until canceled by the Trader. This is the default Time in Force Instruction.
Immediate or Cancel: the Order will only be posted to the Order Book to the extent that it would be immediately Filled; any remaining quantity is canceled. This results in a Taker Order.
Fill or Kill: the Order will only be posted to the Order Book if it would be immediately and completely Filled. This results in a Taker Order.
Market Orders
A Market Order is an Order to buy or sell a specified quantity of an Asset at the best available price of existing Orders on the Order Book.
There is no guarantee that a Market Order will Fill at the price specified. A Market Order may Fill at a number of different prices, based on the quantity of the Market Order and the quantities of the existing Orders on the Order Book at the time.
Depending on the volume and prices of Orders on the Order Book at the time when a Market Order is posted, the Market Order may Fill at a price less favorable than the most recent trade price, in some cases significantly so. This is commonly referred to as ‘slippage’.
A valid Market Order will be immediately posted to the Order Book. A Market Order is always a Taker Order.
Stop Orders
A Stop Order is an instruction to post an Order to buy or sell a specified quantity of an Asset but only if and when the last trade price on the Order Book equals or surpasses the Stop Price.
Once a Stop Order has been placed, it is considered ‘active’ until it executes by posting the relevant Order when the Stop Price is triggered.
A Stop Order is not posted to the Order Book and is not visible to other Traders, but any resulting Order is posted and visible. All Stop Orders are placed without 'post-only' enabled.
A Stop Order must be placed as a Stop Limit Order which posts a Limit Order when the Stop Price is triggered.
A Stop Limit Order is not guaranteed to Fill. The Web Interface will display a warning each time a Trader attempts to place a Stop Order.
Stop Orders may be placed with one of the following Time in Force Instructions.
Good til canceled: if posted, the Order will remain on the Order Book until canceled by the Trader. This is the default Time in Force Instruction.
Good til time: if posted, the Order will remain on the order book until a certain time is reached or the Order is canceled by the trader.
Warnings
The Web Interface will display a warning to Traders who attempt to place an Order which would completely or partially fill at a price which is more than 2% away from the last trade price (slippage warning).
Posting of Orders to the Order Book
(Taker Order) If an Order is posted to the Order Book at the same price as one or more existing Orders, it is a Taker Order which will result in an immediate Fill at that price, to the extent of the total quantity of those existing Orders.
(Maker Order) To the extent that an Order is posted to the Order Book at a different price to all existing Orders, it is a Maker Order which will remain open at that price on the Order Book until:
It is canceled by the Trader;
It expires due to a Time in Force Instruction; or
It is completely Filled by one or more Taker Orders placed by another Trader at the same price.
Order Protections
Market Orders and Limit Orders are subject to a 10% protection point. Market and Limit orders will fill at prices up to 10% from the mid-point price between the best bid and best offer on the Order Book at the time the order was placed. If a Market or Limit Order would fill against orders beyond the protection point, the Order will partially fill up to the 10% price level and the matching engine will cancel all remaining portions of the Order.
Order Minimums/Maximums
Order Minimums: All Market Orders, Limit Orders, and Stop Orders placed on FMCPAY are subject to the minimum order size requirements listed at https://fmcpay.com/
Order Maximums: All Market Orders, Limit Orders without 'post-only' selected, and Stop Orders placed on FMCPAY are subject to the maximum order sizes listed at https://fmcpay.com/
'Post-only' Limit Orders do not have a maximum order size. The size can be in any increment of the base currency above the minimum order size requirements.
Updating Order Parameters: FMCPAY will periodically update these Order Minimums, Order Maximums, and total number of Orders allowed per Order Book to reflect the current state of our marketplace and the notional value of the assets.
Matching Engine and Order Priority
FMCPAY matches Taker Orders with Open Maker Orders on each Order Book based on Price-Time Priority.
Price-Time Priority means that each time a Taker Order is posted: The Taker Order is matched with the earliest in time Maker Order at the best price on the Order Book; and To the extent that the Taker Order is not completely Filled by that Maker Order, it is matched with any subsequent Maker Orders at that price, in the sequence those Maker Orders were posted; and To the extent that the Taker Order is not completely Filled by one or more Maker Orders described above, it is matched with one or more Maker Orders at the next best price, in the sequence those Maker Orders were posted, and this process is repeated until the Taker Order is completely Filled.
All Traders on accessing FMCPAY are subject to the same Price-Time Priority.
Subject to Time in Force Instructions, an Order may be matched with a number of corresponding Orders at the same price.
Taker Orders are matched with the best available existing Maker Orders. This means that a Limit Order placed outside the market (i.e. a sell Order below the highest existing buy Order, or a buy Order above the lowest existing Sell Order) will be Filled by the best available existing Order rather than an existing Order with the same price as the Limit Order.
Fills and Settlement
When a Maker Order is matched with a Taker Order, those Orders are Filled. An Order may be matched with and Filled by one or more Orders at the same price.
FMCPAY settles all Filled Orders immediately, by debiting and crediting the relevant balances of Assets in both Traders’ Accounts.
Subject to daily withdrawal limits a Trader may immediately withdraw all Assets in their Account.
Trading Fees
Coinbase Pro and Coinbase Prime charge a Maker fee for each Maker Order and a Taker fee for each Taker Order that is posted to the Order Book. The fee is charged in the Quote Asset and is calculated as a percentage of the Order quantity.
A fee is charged by debiting the Trader’s Available Balance for the amount of the fee at the time that the Order is posted.
If an Order is posted to the Order Book partially as a Maker Order and partially as a Taker Order, a Maker fee applies to the portion posted as a Maker Order and a Taker fee applies to the portion posted as a Taker Order.
Fees may vary between Order Books. The current fee rates can be found at https://fmcpay.com/.
Volume-based fee discounts are available to all traders based on trades over the trailing 30 day period across all order books.
Market Integrity
All Fills are final and will not be reversed unless:
FUINRE INC is compelled to do so by any applicable law or regulation; or
Due to a serious technical error, Orders or Fills do not occur as specified in these Rules - in which case FUINRE INC will make all reasonable efforts to restore all Traders to the position they would have been in had the error not occurred.
FUINRE INC may cancel Open Orders in the following circumstances:
Orders placed by Traders who, in our sole discretion, have engaged in abusive use of the platform, for example, Market Manipulation, or using the API in a manner which unreasonably burdens the platform.
Orders which under the circumstances involve an obvious error with respect to price, quantity, or other parameters - a ‘clearly erroneous transaction’.
If required by any applicable law or regulation, including specifically where FUINRE INC is required to suspend or terminate a Trader’s Coinbase Pro Account, Coinbase Prime Account or Paynetcoin Account.
If required for technical reasons.
Access to Coinbase Pro and Coinbase Prime
All Traders have equal access to the Paynetcoin APIs and Web Interfaces. FUINRE INC does not provide prioritized access to any Trader.
FMCPay Operations has the authority to take any action deemed appropriate to preserve market integrity. Such actions include, but are not limited to, the halting of trading, modifying risk-mitigating parameters, restricting Trader access to Paynetcoin Pro or Paynetcoin Prime, restricting order types to post-only or limit only, canceling orders resting in the order book, or any other actions deemed to be in the best interest of the Exchange.
Interruptions
If technical reasons prevent or degrade Traders’ ability to place or cancel Orders, or prevent or degrade access to FMCPay APIs or the Web Interfaces or affect the operation of FMCPay Order Books or matching engines, then FMCPay may, in its discretion, take one or more of the following actions in respect of one or more Order Books;
Temporarily disable depositing or withdrawing Assets.
Cancel Open Orders.
Disable the ability to place new Orders (Cancel-Only Mode).
Disable sign-in.
Disable the Coinbase Pro or Prime APIs.
Disable access to the Web Interface.
If access to Coinbase Pro through the Web Interface is unavailable for 5 minutes or longer, FMCPay will move Coinbase Pro and Prime to Cancel-Only Mode as soon as possible.
If Coinbase Pro and Prime is in Cancel-only Mode, it will be restored to fully operational only after access through the Web Interface becomes available for at least 5 minutes and FMCPay deems is it safe to restore Coinbase Pro and Prime to fully operational.
FMCPay will notify Traders of the move to or from Cancel-Only Mode via .status.pro.coinbase.com and status.prime.coinbase.com
Self-trade Prevention
Traders are not able to place an Order which would result in self-execution—i.e., where the same Trader would act as both the maker and taker for the trade.
If two Orders of the same quantity would result in self-execution, both Orders are canceled.
If two Orders of different quantities would result in self-execution, the smaller Order is canceled and the larger order is decremented by an amount equivalent to the smaller quantity. The remainder of the larger order remains Open.
Flash Crashes and Circuit Breakers
FMCPay does not use circuit breakers or automated trading halts based on predetermined price bands. As provided in Section 2.22 and 2.31 FMCPay Operations may, in its discretion, halt trading.
Market Manipulation Prohibited
Traders are prohibited from engaging in Market Manipulation.
Market Manipulation of any kind is strictly prohibited. Market Manipulation is defined as actions taken by any market participant or a person acting in concert with a participant which are intended to:
Deceive or mislead other Traders;
Artificially control or manipulate the price or trading volume of an Asset; or
Aid, abet, enable, finance, support, or endorse either of the above. This may include actions on Coinbase Pro/Prime and/or outside of Coinbase Pro/Prime.
Market Manipulation specifically includes, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing.
Access to Information
All Traders have full and equal real-time access to Market Data. Market Data is made available through the Web Interface or the Coinbase Pro or Prime APIs.
Market Data comprises the following:
All Limit Orders placed on the Order Book (price, quantity, and time).
All canceled Orders on the Order Book (price, quantity, and time).
All Fills or Executions (price, quantity, and time).
Market Data does not include the following:
Resting Stop Orders (Stop Orders that have been placed but not triggered).
Any information about which Trader placed or canceled an order.
FUINRE INC Corporate Operations
Fuinre Inc which owns and operates Coinbase Pro and Prime, also trades its own corporate funds on Coinbase Pro and Prime,.
FUINRE INC does not have any special priority and is subject to the same Price/Time/Priority and fee structure as all other Traders.
The Paynetcoin application which trades on FMCPay only trades based on Market Data and does not have access to inside information. It does not engage in any front-running.
Fuinre Inc Employee Access
Fuinre Inc policies prohibit all Fuinre Inc employees from using inside, corporate or proprietary information to trade Digital Assets.
Fuinre Inc Employees are required to trade Fuinre Inc supported assets on Fuinre Inc products (either Fuinre Inc Consumer or Pro), subject to Fuinre Inc’s employee trading policy and trade surveillance program.
Scheduled Downtime
From time to time, Coinbase Pro and Prime may suspend trading temporarily for maintenance or upgrades. Absent extenuating circumstances, Coinbase Pro and Prime will follow this process for closing and re-opening trading;
Step 1: Announce Scheduled Downtime
Announce scheduled downtime via status.pro.coinbase.com, status.prime.coinbase.com.
Step 2: Scheduled Downtime Begins
Step 3: Immediately after Scheduled Downtime is Completed
All books enter 'post-only' mode.
Announce the above via status.pro.coinbase.com or status.prime.coinbase.com
To ensure a fair and orderly marketplace, FMCPay Operations may in its discretion cancel all resting limit orders in an order book before moving the market to post-only mode or to limit-only mode.
Step 4: At least 1 minutes after Step 3; or longer if necessary
All books enter Limit-Only mode
Announce the above FMCPay.us
Step 5: At least 10 minutes after Step 4; or longer if necessary
All books enter Full-trading mode
Announce the above via status FMCPay.us
Definitions
In these FMCPAY Trading Rules, the following words and phrases have the corresponding meanings.
Account means a Trader’s Coinbase Pro and Prime Account.
Asset means a Digital Asset or Fiat Currency.
Available Balance means a Trader’s Total Asset Value less any amounts held for Open Orders and fees.
Base Asset means the Asset being traded on the Order Book; the first Asset in the Trading Pair. For example, on the BTC-USD Order Book, BTC is the Base Asset and USD is the Quote Asset.
Cancel-only Mode means that Traders cannot place new Orders. Traders are able to cancel open Orders. No Orders will be filled.
Digital Asset means a blockchain-based digital currency, app coin or protocol token which is offered for trading on Coinbase Pro and Prime.
Fiat Currency means a government-issued currency.
Fill means a match of two Orders. Also referred to as an execution.
Full Trading Mode means normal operation of Coinbase Pro and Prime. Traders can place Market Orders and Limit orders and can cancel Orders. ​
Hold means the setting aside of Assets allocated to an Order.
Limit Order means an Order to buy or sell a specified quantity of an Asset at a specified price.
Limit-only Mode means that Traders can only place and cancel Limit Orders but any Market Order will be rejected. During this mode, Limit Orders can be filled.
Market Order means an Order to buy or sell a specified quantity of an Asset at the best available price of existing Orders on the Order Book.
Order means an instruction to buy or sell a specified quantity of the Base Asset at a specified price in the Quote Asset.
Order Book means each order book on which Orders are placed for trading in a Trading Pair.
Open Order means a Maker Order which has been posted but not Filled, canceled or expired, or a Stop Order which is currently active.
Post-only Mode means that Traders can only place an Order if it would be posted to the Order Book as a Maker Order. An Order which would be posted as a Taker Order will be rejected. No Market Orders may be placed and no Orders will be filled. Resting orders may be canceled in post-only mode.
Price-Time Priority means that earlier in time Orders have priority over later Orders. See sections 1.23 and 1.24.
Quote Asset means the Asset in which trading is denominated on the Order Book; the second Asset in the Trading Pair. For example, on the BTC/USD Order Book, BTC is the Base Asset and USD is the Quote Asset.
Scheduled Downtime means a planned temporary outage for maintenance or upgrades. See section 4.
Stop Order means an instruction to post an Order to buy or sell a specified quantity of an Asset but only if and when the last trade price on the Order Book equals or surpasses the Stop Price.
Stop Price means the price specified in a Stop Order.
Total Asset Value means the gross value of all of a Trader’s Assets for the relevant Order Book, expressed in the Quote Asset based on the last trade price. This includes all Assets allocated to Open Orders.
Trader means each customer trading on Coinbase Pro and Prime. Trading Halt means that Traders cannot place or cancel any Orders.
Trading Pair means each pair of a Base Asset and a Quote Asset offered on Coinbase Pro and Prime. Web Interface means the user interface available through .https://pro.coinbase.com and https://prime.coinbase.com.


FAQ

Is FMCPay regulated?

Yes. FMCPay complies with all applicable laws and regulations in each jurisdiction in which it operates.
United States, Fuinre Inc, the company which operates FMCPay and GDAX in the U.S., is licensed to engage in money transmission in most U.S. jurisdictions. Most of FMCPay’s money transmission licenses cover US Dollar Wallets and transfers. In some states, money transmission licenses also cover digital currency wallets and transfers on the platform. In other states, no money transmission license is required to operate a digital currency business.
FMCPay is also registered as a Money Services Business with FinCEN.
FMCPay is required to comply with a number of financial services and consumer protection laws, including:
+ The Bank Secrecy Act, which requires FMCPay to verify customer identities, maintain records of currency transactions for up to 5 years, and report certain transactions.
+ The USA Patriot Act, which requires FMCPay to designate a compliance officer to ensure compliance with all applicable laws, create procedures and controls to ensure compliance, conduct training, and periodically review the compliance program.
+ Most states’ money transmission laws and corresponding regulations.
International Some countries now require licenses to operate a digital currency business. FMCPay is committed to obtaining licenses as needed to comply with local laws.