Aqex One Membership

part 1: aquarius privacy policy

AGREEMENT AND CONSENT TO THE AQUARIUS PRIVACY POLICY

A1.

By accessing the Aquarius Site, registering for an Aquarius Membership, and/or accessing or using Aquarius Services, you acknowledge and confirm that you have reviewed and accepted the terms of this Privacy Policy, and that to the extent your consent is necessary under applicable law, you hereby consent to the processing (as defined below) of your personal data (as defined below) by Aquarius, and/or any third party on our behalf, in accordance with the terms of this Privacy Policy. Refer to Section G of this Privacy Policy for additional details on the granting and withdrawal of your consent.

A2.

If you are unable to read and/or understand this Privacy Policy, and/or if you do not agree to be bound by any of its terms, please immediately refrain from accessing the Aquarius Site, terminate (or if applicable, cancel your registration for) your Aquarius Membership, and/or refrain from accessing or using the Aquarius Account and/or Aquarius Services.

DEFINITIONS

B1.

“Aquarius”, “We”, “Our”or"Us"Aqex Technologies India Private Limited, a company incorporated under the Companies Act, 2013, and having its registered office at 106, 106a, NIBR Corporate Park, Safed Pool, Kurla (west), Mumbai 400072.. “You,” “Your”, “User”or “Customer”: Any individual who accesses the Aquarius Site, registers for an Aquarius Membership, logs in to an Aquarius Account, and/or accesses or uses Aquarius Services.

“Affiliate(s)”:

In relation to any person, (i) any entity controlled, directly or indirectly, by the person; (ii) any entity that controls, directly or indirectly, the person; or (iii) any entity, directly or indirectly, under common control with the person. For this purpose of affiliation, “Control” of any entity or person means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise.

“AMLA”:Collectively, the Anti-Money Laundering, Anti-Terrorism Financing and Prevention of Money Laundering Act 2002 (“PMLA”), the Prevention of Money Laundering (Maintenance of Records) Rules 2005 (“PML Rules”), and the Reserve Bank of India’s (“RBI”) Master Direction on Know Your Customer Rules (“KYC Rules”), any and all subsidiary legislation, regulations, and/or orders made thereunder and as may be varied, amended and supplemented from time to time, and any guidelines and/or directives issued by any relevant authority, which govern money laundering and terrorism financing in India.

“Personal Data”:“Personal Data”: Any information about a particular natural person that is collected and recorded electronically or otherwise, and can be used, whether independently or in combination with other information, to identify any natural person or their trends and habits.

“Processing”: In relation to personal data, the collecting, recording, holding or storing of personal data, or carrying out of any operation or set of operations on personal data. (“Process” or “Processed” to have the corresponding meaning.

“Purpose”:Any of the purposes for processing personal data as set out in Section E of this Privacy Policy.

B2.

In addition to the above, unless otherwise defined in this Privacy Policy and where the context so admits, all other terms in this Privacy Policy shall carry the same meaning as ascribed to them in theAquarius Customer Agreement.

GENERAL INFORMATION

C1.

Aquarius values your privacy and is fully committed in protecting your personal data in accordance with the applicable privacy laws. This Privacy Policy has been compiled to serve those who are concerned with how their personal data is being processed and describes how we generally collect, hold, use and disclose such personal data. This Privacy Policy also details your rights in respect to your personal data.

C2.

You acknowledge and agree that this Privacy Policy forms an integral part of, and shall be read together with, theAquarius Customer Agreement.The terms of this Privacy Policy are formulated in line with the Aquarius Customer Agreement and apply to all customers of Aquarius.

C3.

Aquarius may update and amend the Privacy Policy unilaterally at any time, as and when required (refer to Section R of this Privacy Policy).

COLLECTION OF PERSONAL DATA

When you access the Aquarius Site, register for an Aquarius Membership, log in to your Aquarius Account or use Aquarius Services in general, Aquarius may collect or ask for personal data relating to you. We may also maintain records of your consent, preferences and settings related to your registration for an Aquarius Membership and opening of an Aquarius Account, together with other permissions for marketing and sharing of personal information. The amount and type of personal data that Aquarius gathers from you, depends on, among others, the nature of your interaction with us, as follows:

D1.

Browsing:In the case of purely informative use of the Aquarius Site, i.e. if you do not register or otherwise provide Aquarius with information, Aquarius may only collect the personal data that your browser transmits to our web server such as an IP address, browser type and version, operating system used, location based information, content viewed, viewing date, length of visit. Please see Part 2: Aquarius Cookie Policy for additional details.

D2.

Basic registration:If you carry out a basic registration, for example, to engage with Aquarius via a newsletter, the personal data that we may collect from you during such registration process includes, but is not limited to:

(a)

Your full name;

(b)

Your residential and/or correspondence address;

(c)

Your contact details (e.g. email address, telephone or mobile phone number etc.);

(d)

Your job title, company name, nature of business; and

(e)

Your marketing and communications preferences.

D3.

Registration for Aquarius Membership and use of Aquarius Services:If you register for an Aquarius Membership in order to use Aquarius Services, you will be asked to complete certain verification procedures by providing personal information, including financial information, for Aquarius to, among other things, assess your registration, determine your transaction limits and comply with any applicable laws. We may also, on an ongoing basis, request for and collect personal data from you, subsequent to your successful registration for an Aquarius Membership and during the course of your use of the Aquarius Site and/or Aquarius Services. The personal data that we may collect from you includes, but is not limited to:

(a)

Your full name;

(b)

Your residential and/or correspondence address;

(c)

Your contact details (e.g. email address, telephone or mobile phone number etc.);

(d)

date and/or place of birth;

(e)

gender

(f)

nationality or citizenship;

(g)

verification information, which includes information necessary to verify your identity (e.g. passport, driver’s license, government-issued identity card, biometric information etc.);

(h)

financial information (e.g. bank account information, credit card details, details on your credit history, source of funds, assets and liabilities etc.);

(i)

information on your activity relating to the use of the Aquarius Site and/or Aquarius Services (e.g. Aquarius Account balances, trading activity and transaction details on the Aquarius Trade Platform);

(j)

your inquiries to us and our responses;

(k)

information on whether you hold a prominent public function (PEP);

(l)

if you are representing a legal entity (such as a body corporate, trust, sole proprietorship, partnership, unincorporated association, authority and fluctuating bodies of persons or other such entities validly incorporated under the laws of its jurisdiction), such personal data as we may require on the relevant individuals of such legal entity (e.g. directors, shareholders, officers, employees, associates, beneficial owners and controlling persons of such legal entity); and

(m)

other personal data which we, in our estimation, deem necessary and/or reasonable to:

(i) comply with our legal obligations under AMLA and other applicable privacy, anti-money laundering or other laws in any jurisdiction; and/or
(ii) to achieve any other Purpose as set out in Section E of this Privacy Policy.

D4.

Automatic collection of personal data as a result of use of the Aquarius Site and/or Aquarius Services:Aquarius may also collect certain personal data about you automatically, in the following manner: Log Information – Your use of the Aquarius Site and/or Aquarius Services will generate information that is automatically collected and stored in our server logs. This may include device-specific information, location information, system activity and any internal and external information relating to pages that you visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Aquarius Site (including date and time, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page).

D5.

Third party sources:Aquarius may receive your personal data from certain third parties to whom you may already have provided consent, as described below, as described below:

(a)

Any banks used to transfer money to Aquarius may provide us with certain personal data about you, such as your name and address, as well as your financial information such as your bank account details.

(b)

Business partners may provide us with your name and address, as well as financial information.

(c)

Advertising networks, analytics providers and search information providers may provide us with anonymized or de-identified information about you, such as confirming how you found our website.

(d)

Credit reference agencies do not provide us with any personal information about you but may be used to corroborate the information you have provided to us.

D6.

Publicly and commercially available sources:Aquarius may receive certain personal data about you from publicly and commercially available sources as permitted by applicable laws, such as public online databases, public registries, government or public authorities, or social networking services when you choose to share any of your information with those services.

PURPOSES OF PROCESSING YOUR PERSONAL DATA

By processing personal data in accordance with this Privacy Policy, Aquarius will be able to provide Aquarius Services to you and improve the quality of Aquarius Services. Personal information is also processed for various purposes due to the nature of our business, the result of our performance, compliance and contractual obligations and in safeguarding the legitimate interests pursued by us or by a third party. The processing of your personal data is carried out for purposes which include, but are not limited to the following (each of which represents a “Purpose" ):

E1.

Aquarius Membership and Aquarius Services:As part of the application and management process, we must process your personal data to verify your identity and assess your registration to accept you for an Aquarius Membership. Your personal data will also allow us to provide Aquarius Services to you, including opening and effectively managing an Aquarius Account for you.

E2.

Communication:We must receive personal data from you to contact and communicate with you, for the purposes of general communication, sending newsletters, offering promotions, providing updates, advising on amendments to any Aquarius Document such as the Aquarius Customer Agreement, Aquarius Market Trading Rules or this Privacy Policy, and any other actions related to Aquarius Services. "

E3.

Compliance:Aquarius is subject to applicable laws that include, inter alia, anti-money laundering laws, financial services laws, company and commercial laws, privacy laws, tax laws, and regulations from the relevant authorities. We may also be required to comply with an order by any court, government agency and/or regulatory body. These obligations may necessitate activities for processing of personal data with regards to areas such as identity verification, payment processing, compliance with court orders, tax laws or other reporting obligations and anti-money laundering controls. These obligations may apply at various times and through various functions during the use of Aquarius Services (e.g. Aquarius Membership registration, payments, trading, risk management etc.). In addition, changes to the applicable laws may require Aquarius to advise customers of certain changes to the terms or features of the Aquarius Site and/or Aquarius Services, for which Aquarius will have to process personal data in order to inform you of such changes. You will continue to receive information from Aquarius in this regard even if you choose to opt-out from receiving marketing communications from us (please see Section E9 of this Privacy Policy).

E4.

Identification: Aquarius uses personal data for the purposes of preventing identification fraud, and misuse or fraudulent use of Aquarius Services.

E5.

Inquiries, complaints and disputes:Aquarius may need to collect personal data to respond to your inquiries, resolve complaints and/or to settle disputes with you because it is in our interest to ensure that such inquiries, complaints and disputes are investigated, responded to, resolved and/or settled in a timely manner.

E6.

Protecting legitimate interests:Processing of personal data is carried out to safeguard the legitimate interests of Aquarius. A legitimate interest is when we have a business or commercial reason to use personal data. Examples of legitimate interest include, but are not limited to the following:

(a)

establishing, performing or terminating our contractual obligations with you;

(b)

obtaining legal and/or financial advice, enforcing our rights and/or initiating legal claims or preparing defense litigation procedures;

(c)

implementing IT and system security processes to prevent potential crimes or threats to access security or access controls;

(d)

managing the business for developing Aquarius Services;

(e)

risk management; and

(f)

performing customer due diligence and sharing personal information between Aquarius and its Affiliates and/or third party contractors for the purpose of updating and/or verifying personal data in accordance with relevant anti-money laundering frameworks and laws.

E7.

Research and further development of Aquarius Services: Personal data collected through your activity on the Aquarius Site and/or your use of Aquarius Services may be processed by Aquarius to carry out research, market surveys, trend analysis, statistic compilation and data analytics to improve and further develop the Aquarius Site and Aquarius Services. In the best interest of both Aquarius and its customer, we may also periodically review customer needs based on assessment of personal data to ensure that we provide the highest standard and quality of Aquarius Services.

E8.

Customized and personalized content: Personal data may also be processed to assist Aquarius Services in providing a more personalized and tailored experience for customers.

E9.

Data, statistics and statistical analysis: We track correspondence, website visits and such other data of this nature. We may aggregate your personal data with personal data of other Aquarius customers on an anonymous basis to carry out a more rigorous statistical analysis of general patterns that may lead us to providing improved Aquarius Services.

E10.

Marketing:

Aquarius may use your personal data to send marketing communications by email or other agreed communication channels to ensure customers are kept updated of the latest Aquarius Services. You may, at any time, opt-out from receiving such marketing communications by submitting a ticket to Aquarius Customer Support by visiting the “Help Desk” page of the “Support” section on the Aquarius Site.

THIRD PARTY LINKS

The Aquarius Site and/or Aquarius Services may contain or involve links to third party websites. If you use a link to any third party website, you agree to and shall comply with the separate and independent privacy policies of such third party websites. You acknowledge and agree that Aquarius shall not be responsible for the content or activities of such third party websites or partners.

GRANTING AND WITHDRAWAL OF CONSENT

G1.

Granting of consent: You acknowledge that, upon accessing the Aquarius Site, registering for an Aquarius Membership (regardless of whether such registration is fully completed), logging into Aquarius Account and/or accessing or using Aquarius Services, it shall be deemed that you have signified to Aquarius, your acceptance, consent, undertaking and/or confirmation of the following:

(a)

You agree to provide your personal data to be processed by us or any third party on our behalf and authorize Aquarius to collect your personal data when you access the Aquarius Site, register for an Aquarius Membership, log in to your Aquarius Account and/or use Aquarius Services in general.

(b)

You are responsible for ensuring that personal data provided is accurate, complete, not misleading and up-to-date.

(c)

You agree to abide by all the terms and conditions under the Aquarius Documents, including the Aquarius Customer Agreement and this Privacy Policy, and any amendments thereof.

(d)

You agree that Aquarius and its Affiliates, can contact a customer in connection with any product or service that may be of interest to a customer, unless indication or notice has been made not to receive such contact.

G2.

Withdrawal of consent:

You may, at any time, withdraw your consent (in whole or in part) to allow us, or any third party acting on our behalf, to process your personal data by submitting a notice ticket to Aquarius Customer Support by visiting the “Help Desk” page of the “Support” section on the Aquarius Site.

You acknowledge and agree that Aquarius may use Cookies and similar technologies to track your activity on the Aquarius Site and/or in connection with your use of Aquarius Services, and may collect and record all your personal data, including, but not limited to, IP address, geographical location and other data. Please refer to Part 2: Aquarius Cookie Policy for additional details.

DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

I1.

Aquarius will not disclose, sell, trade, lease, rent or otherwise transfer your personal data to any third party for its own independent marketing or business purposes, or allow any third party to collect or use any personal data collected from your use of Aquarius Services, without your consent.

I2.

You acknowledge and consent that Aquarius may share or disclose your personal data with the following third parties:

(a)

our Affiliates;

(b)

our business partners (including, without limitation, our service providers and contractors);

(c)

our banks and/or financial institutions;

(d)

our consultants, solicitors, auditors, employees, insurance companies and any person who is under a confidentiality obligation towards us;

(e)

any persons as required for the purposes of us complying with all legal and regulatory requirements;

(f)

any persons as required for the purposes of us enforcing our legal rights and claims;

(g)

our data processor who processes the personal data on our behalf;

(h)

data centres and/or servers, storage facility and records management service providers located within or outside Malaysia; and

(i)

any other third party as authorized by or consented to by you.

I3.

It is Aquarius’ policy to only use third party service providers that exercise appropriate levels of security and confidentiality, process personal data only as instructed by Aquarius and impose the same obligations on their own sub-processors, in accordance with applicable laws.

DATA PROTECTION

Privacy and security are key considerations in the creation and delivery of Aquarius Services. We employ appropriate and reasonable physical, electronic, management and technical measures to protect and safeguard your personal data. Aquarius will, to the greatest extent possible, ensure that any personal data collected through the Aquarius Site and/or Aquarius Services shall not be subject to unauthorized collection, use, processing, disclosure, copying, modification, and disposal of your personal data. The security measures that Aquarius Services may take, include, but are not limited to:

J1.

Physical measures:Aquarius’ customers’ personal data will be stored in a properly locked place.

J2.

Electronic measures:The Aquarius’ computer systems and storage media that contain Aquarius customers' personal data are subject to strict login restrictions.

J3.

Management measures:Access to Aquarius customers’ personal data is given only to authorized staff members. Such staff members shall comply with Aquarius’ internal operating policies for personal data confidentiality.

J4.

Technical measures:Encryption techniques may be used to help protect personal data during transfer of such data.

J5.

Other measures:

The network servers supporting the Aquarius Site and Aquarius Services are protected by network security applications such as “Firewalls”.

DATA PROTECTION DISCLAIMER

Despite the measures taken and explained in Section J of this Privacy Policy, Aquarius cannot guarantee that the information transmitted via the internet is safe. Aquarius does not provide any guarantee for the security of personal data that you may provide. Aquarius shall not be held liable for any loss or damage arising from or caused by any event that may occur in connection with unauthorized access to your personal data.

REPORTING SECURITY FLAWS

If you become aware of any security flaw in Aquarius Services, you should contact Aquarius Customer Support promptly so that Aquarius can take immediate and appropriate measures to remedy and remove such flaws. Please submit a notice ticket to Aquarius Customer Support by visiting the “Help Desk” page of the “Support” section on the Aquarius Site.

TRANSFER OF PERSONAL DATA INTERNATIONALLY

You consent to your personal information being transferred internationally, including other countries that have differing levels of privacy and data protection laws than your resident country. In all such transfers, Aquarius will protect your personal information as described in this Privacy Policy and ensure appropriate information sharing contractual agreements are in place.

PRIVACY USING DIGITAL CURRENCIES AND BLOCKCHAINS

In using your Aquarius Account, funding of and other transactions involving Digital Currencies may be recorded on public Blockchains. These are distributed ledgers intended to immutably record transactions across a wide network of computers and computer systems. Many Blockchains are open to forensic analysis which can lead to deanonymization and the unintentional publication of private financial information, especially when Blockchain data is combined with other data. Blockchains are decentralized, third party networks and not controlled or operated by Aquarius or its Affiliates, and we are unable to erase, modify or alter personal information from such networks.

CONSEQUENCES FOR NON-PROVISION OF PERSONAL DATA

It is obligatory that you supply us with the details of personal data as may be required by us in order for us to serve you. If you withdraw your consent for the processing of the relevant personal data or fail to supply us with the relevant personal data, we may refuse to process your personal data for any of the Purposes, and/or may result in us being unable to communicate or correspond with you and/or provide you with access to the Aquarius Site, Aquarius Account and/or any of Aquarius Services, as requested. .

YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA

P1.

Right to access:You have, to the extent permitted under applicable law, the right to request for access to your personal data held by us. Please contact Aquarius Customer Support if you wish to exercise this right and Aquarius will take steps to verify your identity before fulfilling your request. Please submit a notice ticket to Aquarius Customer Support by visiting the “Help Desk” page of the “Support section on the Aquarius Site.

P2.

Right to update or correct:If you believe that your personal data held by us is inaccurate, incomplete, misleading or not up-to-date, please contact Aquarius Customer Support and provide us with the relevant updates or corrections so that we may take steps to update and/or correct your personal data. We reserve our rights under applicable laws to refuse to comply with your request to update and/or correct your personal data, and/or to require further information from you.

P3.

Right to limit processing of personal data:

You have, to the extent permitted under applicable law, the right to request us to limit the processing and use of your personal data (for example, requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes). Please contact Aquarius Customer Support if you wish to exercise this right and Aquarius will take steps to verify your identity before fulfilling your request. Please submit an enquiry ticket to Aquarius Customer Support by visiting the “Help Desk” page of the “Support” section on the Aquarius Site.

RETENTION OF PERSONAL DATA

AMENDMENTS, UPDATES AND INVOCATION

R1.

Aquarius reserves the right to modify, amend, supplement or update this Privacy Policy at any time, as and when required. In the event that this Privacy Policy is amended, modified, supplemented or updated, Aquarius will notify you by [making announcements on our website, email or other appropriate means]. We will publish the date of new versions at the beginning of this Privacy Policy.

R2.

You should regularly review this Privacy Policy and any amendments or updates made thereto. When an amended or updated version of the Privacy Policy is released, your continued access and use of the Aquarius Site and/or Aquarius Services shall indicate and demonstrate that you agree with and consent to the amended or updated version of the Privacy Policy. If you do not agree to such amended or updated version of the Privacy Policy, please immediately refrain from accessing or using the Aquarius Site, terminate your Aquarius Membership and/or refrain from accessing or using Aquarius Services.

R3.

Any law, code, statutory or administrative regulation referred to in this Privacy Policy shall refer to the latest amended or updated version thereof, regardless of whether such amendment or update is made before or after the date of this Privacy Policy.

We take your privacy concerns seriously. If you have any questions about this Privacy Policy or if you believe that we have not complied with this Privacy Policy with respect to your personal data, or if you have any other inquiries or complaints with respect to your personal data, you may contact Aquarius by submitting a notice ticket to Aquarius Customer Support by visiting the “Help Desk” page of the “Support” section on the Aquarius Site.

part 2: aquarius cookie policy

GENERAL

A1.

The Aquarius Site uses session cookies, permanent cookies, flash cookies, pixel tags and other tracking tools (collectively referred to as “Cookies”), which are tiny data files placed on your computer or other smart devices when engaging with us, to help us recognize and distinguish you from other users of the Aquarius Site, to help collect information about your use of our products and any of Aquarius Services, to better customize Aquarius Services and content for you, to collect information about your computer or other smart devices to ensure our compliance with legal, financial and anti-money laundering obligations, and to provide you with access to content.

A2.

It is best practice to obtain consent from you before using or storing Cookies (or similar technologies) on your computers or smart devices. This Cookie Policy provides you with clear and comprehensive information about the Cookies we use and our purposes for using them. This Cookie Policy may be updated at any time, as and when required. In the event that this Privacy Policy is amended or updated, Aquarius will notify you of such by [making announcements on our website, email or other appropriate means]. If you do not agree with this Cookie Policy, please immediately refrain from accessing the Aquarius Site, terminate (or if applicable, cancel your registration for) your Aquarius Membership and/or refrain from accessing or using Aquarius Services.

A3.

In addition to the above, unless otherwise defined in this Privacy Policy and where the context so admits, all other defined terms in this Privacy Policy shall carry the same meanings as ascribed to them in the Aquarius Customer Agreement.

WHAT IS A COOKIE?

A Cookie is a small piece of information stored on your computer or smart phone by the web browser. The types of Cookies (or similar technologies) used on our Aquarius Site are described below:

B1.

Session cookies:Session cookies are used to maintain a so-called 'session state' and only lasts for the duration of your use of the Aquarius Site. Session cookies are created temporarily. A session cookie expires when you close your browser, or if you have not visited the site for a certain period of time.

B2.

Permanent cookies:Permanent cookies permanently store a unique code on your computer or the hard drive of your smart device to identify you as an individual user. No personal data (as described in our Privacy Policy) is stored in permanent cookies. You can review permanent cookies by looking in the Cookies directory of your browser installation. You may delete or reject permanent cookies, but this may affect the availability and/or functionality of the services of Aquarius Site to you. These permanent cookies are not required for Aquarius Site to work but may enhance your browsing experience.

B3.

Flash cookies:A flash cookie, also known as a “Local Shared Object” , is a text file that is sent by a web server to a client when the browser requests content supported by Adobe Flash, a popular browser plug-in. Flash cookies are commonly used in website advertisements and videos. Like HTTP cookies, flash cookies store information on the end user's computer.

B4.

Pixel tags: A tag (often called pixel) is a short snippet of JavaScript (code) that does something on a website. In the context of marketing/advertising tags and pixels, they often collect information about the visitor to a website and their behaviour on the website.

HOW DO WE USE COOKIES?

We use Cookies during any website online request process with the Aquarius Group, for example, when signing up for the Aquarius newsletter, during the registration process for an Aquarius Membership, or the opening of an Aquarius Account. These Cookies may be deleted when you log out. The Aquarius Site also uses analytics offered by third party service providers to understand how customers use the Site and ways that we can improve user experience. These Cookies may track the time customers spend on the Site and the pages visited so we can continue to produce engaging content.

DISABLING COOKIES

You can choose to accept or decline Cookies. Most web servers automatically accept Cookies, but you can block future Cookies by adjusting the settings on your browser and smart device. Be aware that disabling Cookies will affect the functionality of the Aquarius Site and many other websites that you visit. Disabling Cookies will also usually result in disabling certain functionality and features of the Aquarius Site and/or Aquarius Services. Therefore, it is recommended that you do not disable Cookies.

CONTACT

For further enquiries or more information about our use of Cookies, please submit an enquiry ticket to Aquarius Customer Support, by visiting the “Help Desk” page of the “Support” section on the Aquarius Site.