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PRIVACY POLICY
We prioritize your safety and security, so we protect your data.
1. INTRODUCTION
Thank you for visiting TheTmFX.com (“The Mining Farm Exchange”), a digital asset trading website, which is provided by The Mining Farm Exchange LTD. By visiting, accessing, or using The Mining Farm Exchange and associated application program interface or mobile applications (“Site”), you consent to the policies and practices of our privacy policy (the “Privacy Policy”), so please read them carefully. This Privacy Policy explains how The Mining Farm Exchange uses your Personal Data (defined below) as we provide you with access and utility through our digital asset trading platform via software, API (application program interface), technologies, products and/or functionalities (“Service”). In the course of providing you our Service, to abide by the laws in the jurisdictions that we operate, and to improve our services, we need to collect and maintain personal information about you. As a rule, we never disclose any personal information about our customers to any non-affiliated third parties, except as described below. We may update this Privacy Policy at any time by posting the amended version on this site including the effective date of the amended version. We will communicate any material changes to this Privacy Policy via email.
Also, we may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from Restricted Locations, which at this time include Hong Kong, Cuba, Iran, North Korea, Crimea, Sudan, Malaysia, Syria, United States of America [including all U.S.A. territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)], Canada (limited to the provinces of Ontario and Quebec), Bangladesh, Bolivia, Ecuador, Kyrgyzstan and Malta. The content of the Terms shall not be excluded from the laws of the country or region under which the User belongs. As a result, if You do not meet these eligibility requirements, do not use our Services.
2. DEFINITIONS
Digital Asset
As used herein, “Digital Asset”, also called “convertible virtual currency,” “cryptocurrency,” or “digital goods”, such as bitcoin or ether, which is based on the cryptographic protocol of a computer network that may be (i) centralised or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value.
Personal Data
As used herein, “Personal Data” means any information relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, economic, cultural or social identity of you as a natural person.
The Mining Farm Exchange LTD provides the User with trading services including:
An order matching platform that automatically, and according to pre-established criteria, matches users’ trades with open orders from other users in respect of VFAs or VFA linked products:
Spot Services permit You to trade one type of VFA for another type of VFA. You will not be able to predetermine or undertake a trade with a predetermined user. Similarly, an order may be partially filled or may be filled by multiple matching orders arising from different users.
Additional Services permit You to trade derivative products linked to VFAs or indices composed of them. These trades are via an order matching platform that automatically, and according to pre-established criteria, match users’ trades with open orders from other users. You will not be able to predetermine or undertake a trade with a pre-determined user.
Margin Lending – a Peer to Peer lending service, allowing users to borrow/lend VFAs to one another and earn interest.
Digital Wallet – The Mining Farm Exchange LTD also offers its users a digital wallet enabling each user to store VFAs that are traded via the exchange services or the C2C Digital Assets deposited or acquired by You through the The Mining Farm Exchange LTD order matching platform or the C2C platform will be held by The Mining Farm Exchange LTD in the digital wallet maintained by The Mining Farm Exchange LTD on your behalf. The Mining Farm Exchange LTD offers this service in order to expedite and facilitate acquisitions and/or disposal of VFAs. The Mining Farm Exchange LTD shall be regarded as holding such VFAs on your behalf and shall recognise you as the beneficial owner of any VFAs held in your digital wallet. The Mining Farm Exchange LTD will not use your VFAs as security or in any way make use of your VFAs, other than as lawfully directed by you and with your prior authorisation. VFAs held by The Mining Farm Exchange LTD on your behalf may be pooled with those of other Users.
By accepting the Terms, you expressly agree to the pooling of your VFAs with the VFAs of other Users. Individual User entitlements may not be identifiable by separate physical documents of title or other electronic record and, in the case of an irreconcilable shortfall, you may not receive your full entitlement and may share in the shortfall pro rata. You represent and warrant that you are, and shall remain at all times, the ultimate and effective legal and beneficial owner of any VFAs held by The Mining Farm Exchange LTD, that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such VFAs without the prior written consent of The Mining Farm Exchange LTD.
The Mining Farm Exchange LTD, as applicable, shall not be obliged to accept orders unless sufficient VFAs are available on the account for (a) the settlement of the relevant order, (b) the provision of margin as may be required in respect of relevant transaction in derivatives, and (c) the payment of any related Charges and expenses as applicable.
Accuracy: While we have made every effort to ensure the accuracy of the information on our website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting Users to make independent decisions. We have taken reasonable measures to ensure the accuracy of the information on the website; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. We will not have any liability for the use or interpretation of such information.
Users shall prepare devices and bear costs as follows: 1) internet-connected device, including but not limited to computer or other internet-connected terminals; 2) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipments, cellular data fees, etc.
While using the Services, You accept the information services provided by us. You hereby authorize us to send commercial information to You via e-mail, SMS, mobile notification, or mailing address. You can opt out of such services by changing relevant settings on the website.
You acknowledge and consent that the Services are provided by us according to its current technological capacity and other conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruption, data loss and other losses and risks.
When the system platform is unable to operate properly because of the following circumstances and the User is unable to access the Services or place or cancel an order, we assume no liability for damages. These circumstances include, but are not limited to:
System downtime during maintenance as announced by our platform;
Telecom or Networking equipment issues;
Typhoon, earthquake, tsunami, flood, power failure, war, terrorist attacks, and other force majeure factors;
Any other issues, including hacker attacks, computer virus intrusion or attack, website or backend maintenance and upgrade, banking related issues, government regulation or mandates, and any other third party issues;
Damages to Users or other third parties caused by third parties.
For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, distributed denial of service attacks (DDos) and other hacker attacks and other unexpected factors, we have the right to cancel the abnormal transaction results. For Futures, C2C, and Margin Lending we have the right to rollback all the transactions of a certain period of time as described in the respective User Agreement.
We shall not ask for any password from our Users, nor shall we ask Users to transmit any funds, VFAs or VFAs addresses, as applicable, that are not listed on the trading platform. We shall not be responsible for any losses caused by transmitting funds, VFAs or VFAs addresses, as applicable, that are not listed on the trading platform.
Abnormal transaction handling: While using the Services, You agree and acknowledge the possibility of discontinuity and disruption of the Services due to connectivity problems of the VFA networks or other force majeure. Users shall make sure to provide only correct information. The Mining Farm Exchange LTD does not assume any responsibility of any losses caused by the aforementioned situations due to your providing incorrect information that results our inability reaching out and explaining to You the handling procedures.
We have the right to know the purpose and background of the Users who use our products or services. Users should provide comprehensive and accurate information as required.If we have reasonable grounds to suspect that the User has provided false trading information, we are entitled to restrict the User from the use of some or all of our products and services temporarily or permanently.
3. WHAT PERSONAL DATA WE COLLECT
The Mining Farm Exchange collects, processes, and stores Personal Data collected from you via your use of the Service or where you have given your consent. This Personal Data may include contact details, copies of identification documentation provided by you or derived from publicly accessible databases, your government identification number as well as information relating to your device or internet service (such as an IP address and a MAC number).
We collect information you provide during the The Mining Farm Exchange onboarding process, which may be a completed, incomplete, or abandoned process. Offering services to residents in the European Economic Area (“EEA”), we collect, store, and process your personal information in accordance with the provisions of the General Data Protection Regulation (GDPR) and Data Protection Act. To understand more about how we protect the data collected from individuals and entities located within the EEA, please see the details below.
For Individual customers:
Email address
Mobile phone number
Full legal name (including former name, and names in local language)
Nationality
Passport number, or any government issued ID number
Date of birth (“DOB”)
Proof of identity (e.g. passport, driver’s license, or government-issued ID)
Residential address
Proof of residency
Additional Personal Data or documentation at the discretion of our Compliance Team
For Corporate customers:
Corporate legal name (including the legal name in local language)
Incorporation/registration Information
Full legal name of all beneficial owners, directors, and legal representatives
Address (principal place of business and/or other physical locations)
Proof of legal existence
Description of the business
Percentage of ownership for Individual/corporate owners
Contact information of owners, principals, and executive management (as applicable)
Proof of identity (e.g., passport, driver’s license, or government-issued ID) for significant individual beneficial owner of the institutional customer entity
Personal Data for each entity’s significant beneficial owner of the institutional customer entity (see the “Individual Customer” section above for details on what Personal Data we collect for individuals)
4. COLLECTION AND TRANSFER OF DATA OUTSIDE OF THE EEA
As outlined above, we may collect Personal Data from customers located in the EEA. To facilitate the services we provide to customers located in the EEA, we request explicit consent for the transfer of Personal Data from the EEA to outside of the area. If you are an individual located in the EEA and you decline to consent to such transfer, you will no longer be able to use The Mining Farm Exchangeand our services. You will have the ability to withdraw your digital assets; however, all other functionalities will be disabled.
5. HOW WE USE YOUR PERSONAL DATA
The Mining Farm Exchange uses Personal Data to communicate with you and to administer, deliver, improve, and personalise the Service. The Mining Farm Exchangemight also generate generic data out of any Personal Data we collect and use it for our own purposes. We may also use such data to communicate with you in relation to other products or services offered by The Mining Farm Exchangeand/or its partners. We do not share your Personal Data with third parties (other than partners in connection with their services to The Mining Farm Exchange) except where you have given your consent and further detailed below.
We may share your Personal Data with third parties:
1. If we think that sharing it is necessary to enforce the Terms of Service;
2. To comply with government agencies, including regulators, law enforcement and/or justice departments;
3. To third parties who provide services to The Mining Farm Exchange (such as administration or technical services);
4. In connection with the sale or transfer of our business or any part thereof.
Additionally, we have implemented international standards to prevent money laundering, terrorist financing and circumventing trade and economic sanctions and will implement final Digital Asset rules and regulations when effective, which will likely require us to undertake due diligence on our customers. This may include the use of third-party data and service providers which we will cross-reference with your personal information.
You agree that:
All rights, title and interest in the Service and associated software, website and technology, including all intellectual property rights therein, are and shall remain with the Parties;
No right or interest in the Service is conveyed other than the limited licenses granted herein;
The Services are protected by the copyright and other intellectual property laws;
All rights not expressly granted in these Terms are reserved.
The Mining Farm Exchange has the right to inquire, freeze or deduct the items and accounts of the User in according to the requirements of any applicable judicial organizations, administrative organizations and military organizations, including but not limited to public security organizations, procuratorial organizations, courts, customs, tax authorities and so on.
6. HOW WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside of Seychelles. It may also be processed by staff operating outside of Seychelles who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing, except customers located in the EEA, as detailed above. All information you provide to us is stored on our and/or third party cloud servers.
7. ACCESS, CORRECTION, AND DELETION OF YOUR PERSONAL DATA
You have the right to obtain a copy of your Personal Data upon request and ascertain whether the information we hold about you is accurate and up-to-date. If any of your Personal Data is inaccurate, you may request to update your information. You may also request to delete your Personal Data, with exception that we may refuse your deletion request in certain circumstances, such as compliance with law or legal purposes. For data access, correction, or deletion requests, please contact support@thetmfx.com with the subject “DATA INQUIRY”.
In response to data access, correction, or deletion request, we will verify the requesting party’s identity to ensure that he or she is legally entitled to make such request. While we aim to respond to these requests free of charge, we reserve the right to charge you a reasonable fee should your request be repetitive or onerous.
8. MARKETING
We may communicate company news, promotions, and information relating to our products and services provided by The Mining Farm Exchange. We may share Personal Data with third parties to help us with our marketing and promotional projects, or sending marketing communications. By using The Mining Farm Exchange, you accept this Privacy Policy and you agree to receive such marketing communications.
Customers can opt out from these marketing communications at any moment. If you do not want to receive these communications, please send an email to support@thetmfx.com.
At The TMFX, we specialize in providing state-of-the-art cryptocurrency mining services. Utilizing cutting-edge technology and energy-efficient practices, we ensure maximum profitability and sustainability.
Contact
Address
1 University Ave 3rd Floor, Toronto, ON M5J 2P1, Canada
Phone
+12522516821