EBLN DMCC METAL TRADING AND RELATIONSHIP TERMS AND CONDITIONS
The EBLN DMCC Terms and Conditions are standard for all of the below classification of clients:
- Private clients
- Commercial clients
- Sophisticated Investors and High Net Worth Individuals
- Professional Clients
The EBLN DMCC Terms and Conditions should be understood and agreed in conjunction with the below EBLN DMCC Documents as a client:
- Client Risk Disclaimer [section 14]
- EBLN DMCC Anti Money Laundering requirements and procedures
If you have any questions as regards the EBLN DMCC Terms and Conditions or any document of EBLN DMCC, in the first instance please email email@example.com
- SERVICES PROVIDED BY EBLN DMCC
The EBLN DMCC Terms and Conditions is a binding contractual legal agreement between EBLN DMCC (herein after referred to as “EBLN”) and the customer or client that’s residence is provided on the EBLN DMCC Client Application Form (short or long) (herein after referred to as “Client”).
EBLN DMCC is a regulated, registered and license commodity trading firm in the UAE; Registered Office: 798, DMCC Business Centre, Level No 1, Jewellery and Gemplex 3, Dubai, United Arab Emirates; Registered as a Dubai Free-zone company under UAE Law. Licensed to trade precious metals and stones, licensed and regulated by the Dubai Multi Commodities Centre and member of the Dubai Gold Exchange, License Number: DMCC – 268227. EBLN DMCC is a member of the Global Legal Identity Identifier Foundation, a global database of financial firms. EBLN DMCC’s LEIRN is: 8945008XMZ80RQAVSI28
- EBLN provides the client the opportunity to buy and sell physical commodity products through a range of OTC brokerage services. EBLN provides the brokerage service of offering the delivery of physical commodities to clients on a global scale. EBLN may also provide spot deferral facilities to the client for deferred physical commodity trading through a deferred trade facility. The client, in accordance with the following EBLN Terms and Conditions wishes to enter into contracts with EBLN DMCC to either purchase or sell physical commodities.
- The client is responsible for monitoring his or her own physical commodity positions and is responsible for maintaining contact with EBLN as regards to open positions or transactions that may have been executed. EBLN will strive to contact the Client in a timely manner. All trade risks are the responsibility of the customer. In the event of theft of any property this is also the responsibility of the customer.
- All transactions between EBLN and the client will be entirely on a non-discretionary basis. EBLN will never act on behalf of a client unless there has been a specific instruction provided by the client as set out in these Terms and Conditions.
- EBLN will provide market and industry intelligence and data to assist the client in making his or her own investment decisions. EBLN will also provide product support where necessary. EBLN cannot guarantee the accuracy or completeness of such data, market information and intelligence though EBLN believe such sources to be reliable. If a client makes an investment decision based on market information or data provided by EBLN DMCC he or she does so at his or her own risk.
- INVESTMENT RISKS AND DISCLOSURES
EBLN, in accordance with these terms and conditions produces a two-way market in spot commodities.
EBLN wishes you to read and make sure you understand the risks that are tied with buying and selling physical commodities. Buying and selling physical commodities is classed as speculative and is not suitable for everyone as is set out also in the EBLN DMCC Customer Disclaimer you would have been already provided. You should consider before buying or selling physical commodities your experience you have within these investment markets, the objectives and reasons for buying physical commodities and your present financial resources you have. EBLN recognises and accepts that the company has a duty of care to all of its clients when it comes to the operation of the client account and the client property and will instil and endeavour to always incorporate best practice and the highest standards of care to reduce such investments risks.
The following though, in accordance with these Terms and Conditions are accepted as outside of the control of EBLN:
- PHYSICAL COMMODITY MARKET FLUCTUATIONS RISK The physical commodity market is unpredictable and volatile. Past price fluctuations whether up or down are not indicative of what the future price of physical commodities may be.
- PHYSICAL COMMODITY SPREADS RISK In periods of increased volatility quoted spreads of physical commodities can increase and become wider than normally will be the case. It may also be the case whilst fixings are being conducted within the markets that EBLN may find it difficult to provide price quotes to the Client. EBLN will though on occasions like this, though not required to do so will endeavour to provide a price quote on the desired commodity.
- OFF EXCHANGE TRANSACTIONS RISK physical commodity trading is not carried out on any recognised future exchanges. EBLN will be acting as your counter party in all of your physical commodity transactions.
- FOREIGN EXCHANGE MARKET FLUCTUATIONS RISK transactions that are executed in a currency that is not the base currency of the EBLN account will be affected by the fluctuations in the currency exchange rate that the transaction is being placed in.
- CLIENT CASH DEPOSITS RISK client cash deposits are held in a separate client account administered by a reputable UK based bank by industry counterparty’s, not EBLN. However, all banks are subject to possible failure. In the event of a bank failure compensation may be available from the appropriate authorities.
- SPOT DEFERRAL RISK Should you as the client decide that you would like to spot defer your holdings with EBLN using spot deferred settlement products and services, the amount of your deposit will only be a percentage of the physical value of the physical commodity you have agreed to purchase. A relatively minor market movement will have a proportionately larger impact on the funds you have deposited. In the light of this, deferral can work against you as well as financially beneficial for you. You may sustain a significant loss of your initial deposit and any additional funds you may have also deposited to support your physical commodity position.
- ADDITIONAL FUNDS REQUEST If the market moves against your holding and required equity levels into relation to your holding are increased, you may as the client be called upon to pay substantial additional funds at short notice to maintain the current physical commodity holding your presently have.
- POLITICAL RISK AND TAX RISK Governments or Government agencies could impose taxes that may affect the Client buying and selling physical commodities. You should seek independent tax advice as laws are subject to change. EBLN are not tax advisers and will not provide tax advice. Governments or Government agencies may also implement laws and political changes that may restrict the ownership of physical commodities.
- INSURANCE EXCLUSIONS as is the established common practice with the insuring and physical protection of physical commodities there may be some exclusion. Underwriters for example may exclude nuclear war.
- FORCE MAJEURE Refer to 4.2.9
- GATED FUNDS AND FREEZING OF REDEMPTIONS If EBLN was affected by outside forces or any cause it identifies and prevented client fund withdrawals and redemptions, EBLN are neither liable nor responsible for the delay, nor any costs incurred while the funds are delayed and redemptions or withdrawals cannot happen.
- EQUIVALENTS direct digital equivalents of a physical commodity backed by physical holdings which can be converted into the product
“Agreement” – These terms and conditions laid out within this document and also contact that may occur in the future with the Client which shall constitute a single agreement.
“Account” – Client account with EBLN DMCC
“Parties to this Agreement” – EBLN DMCC and the Client, at the address given in the EBLN DMCC Client Application Form.
“Client Purchase Agreement” – The Agreement with EBLN DMCC for the purchase and sale of physical commodities on behalf of the Client.
“Application Form” – The form and document completed by the client providing his or her information and the acceptance of this Terms and Conditions.
“Commodities” Commodity products bought and sold to or from the Client by EBLN DMCC
“Allocated Commodities” – These are stored individually, specifically on behalf of the client. Unallocated commodities are stored as an undivided lot of physical commodities.
“Transaction” – A written, or oral contract entered into by the company, EBLN DMCC and the client for the purchase or sale of physical commodities.
“Depository” – Customer Bonded Warehouse; Secure warehouse; Financial Institutions or another entity that is acceptable to EBLN DMCC and recognised for the storage of physical commodities.
“Equity” – The percentage of funds the client holds in the physical commodity underlying each transaction. The amount of funds in the physical commodity.
“Equity Call” – Following an adverse market movement the request for additional funds to be transferred from the Client to support a transaction.
“Forced Liquidation” – Partial closure of complete closure of a transaction in physical commodities if the equity falls below a predetermined level.
“Order” – A transaction placed by the Client that is executed by EBLN DMCC
“Withdrawal” – When a client withdraws funds from his physical bullion trading account.
“Uncovered” – When you do not have the ultimate right to the underlying asset, borrower can ask for asset back any time
“Short” – When you borrow metal from a party and sell it and plan to purchase it back at a lower price
- CLIENT PHYSICAL COMMODITY PURCHASE AND SALE AGREEMENT
- The purpose of this agreement is to provide an account for the purchase and sale of physical commodities and physical commodity transactions.
- Terms for the client for the purchase, sale and delivery of physical commodities.
- CLIENT PURCHASE OF PHYSICAL COMMODITIES EBLN DMCC will advise the client of the full amount due at the time he or she wishes to purchase a physical commodity. If the client would like to use spot deferral to purchase, EBLN DMCC will notify the client the initial deposit for the purchase must be on account with EBLN
- PHYSICAL DELIVERY OF THE COMMODITY TO THE CLIENT OR ON THE CLIENTS BEHALF EBLN DMCC will deliver the physical commodity upon receipt of clear funds on Client behalf as full payment for the purchase of the commodity or commodities. The client must also have paid for any applicable storage, delivery, taxes or any other fees due to EBLN.
- OWNERSHIP OF THE PHYSICAL COMMODITIES The commodities purchased on behalf of the client, subject to any securities therein, will pass to the Client upon the event of the success delivery to the client, the clients designee that he or she has stipulated; or the depository the client has designated which will hold the physical commodity on behalf of he or she, the Client. Physical Commodities transferred to the direct depository for the client will be delivered as an unallocated share of a fungible lot and held safekeeping on a fungible basis with the physical commodities of other depository clients by EBLN DMCC on behalf of the customer or client.
- UNALLOCATED METAL TRADING when client’s trade unallocated metal, the metal is not allocated to them in their name. They have no rights to that unallocated metal and as such as is on the company balance sheet and may be accessed by a liquidator in the irreversible insolvency of the company. In this event you may be a creditor, in this event you may suffer a loss. If it was stolen you have no rights to the metal, but equally this trading unallocated metal provides you liquidity, reduced costs, deferral facilities and no storage costs.
- STORED INDIVIDUALLY ALLOCATED COMMODITIES Clients may, subject to potential additional premiums that may then be due, have their physical commodity products stored on an allocated basis with a depository and have their physical commodity allocation stored individually. In the event of the service companies default you would not be affected as you are the owner of the metal.
- DELIVERY TO EBLN Commodities that are sold to EBLN DMCC, which are held with a depository may also be delivered by the depository to EBLN.
- PHYSICAL COMMODITY PRICING POLICIES EBLN acts as a principal for transactions with a Client and as such sells to and buys from the Client on its own behalf. EBLN DMCC also buys and sells physical commodities to other physical commodity providers. EBLN is not an exchange. EBLN has the sole discretion to set the prices it may sell and buy physical commodities for from the Client. The London Fixing prices for physical commodities may be used to place buy or sell transactions on certain physical commodities – this is subject to the acceptance by EBLN DMCC. EBLN’s Ask and Bid prices are not necessarily tied to prices by any other organisation. Daily spot prices at the close of the day are calculated around the metal price lows of the day.
- COMMODITY PRICE ADJUSTMENTS There may occasions where the Client may have to accept certain physical commodities in quantities that are not exactly the size and quantity purchased. Upon delivery of the physical commodity that has been delivered in a different quantity, the purchase price will be adjusted to the actual weight of the delivered physical commodity. At the time of delivery of the physical commodity, the overage of underage in quantity of the commodity will be priced of EBLN’s Ask or Bid price. Clients will be informed of this.
- EBLN’s suppliers and sources are confidential. EBLN may use its suppliers or its own inventory to acquire commodities necessary to fulfil its obligations to the client. EBLN may obtain physical precious metals from London based suppliers who are active members of the London Bullion Market Association (LBMA).
- In such cases as highlighted above the code of practice issues by the LBMA and the London Platinum and Palladium Market (LPPM) will be followed except where superseded by this agreement.
- Clients have the option to specify precious metals to be purchased and delivered from or stored with a London based member of the LMBA and LPPM when allocated.
- TRANSFER OF TITLE The majority of metal EBLN DMCC executes is unallocated and so is not allocated into a client’s name. In the event of EBLN DMCC ceasing trading options may be provided to the client where metal positions can continue to be maintained. In any event instructions will be provided.
- CURRENCY OF CLIENT PURCHASE United States Dollars are generally the currency global commodity prices are generally quoted in. EBLN though may offer transactions and complete transactions in different currencies other than dollars such as British Sterling and the Euro. EBLN pay provide, for the reason of expediency a foreign exchange rate for the client which may be different from the foreign exchange rate the broker EBLN DMCC may ultimately get when the currency is exchanged through a foreign exchange broker at the discretion of EBLN. The client through EBLN will be provided an immediate spot foreign exchange rate have made available to him the amount of foreign exchange currency that is being recorded onto the trading account.
- FORCE MAJEURE In the event of adverse conditions in the market place that are beyond the control of EBLN DMCC, or other factors also beyond the control of EBLN DMCC, including, but not limited to, acts of God; local, national and/ international emergencies; local, national and/ or international governmental actions; or suspension of trading futures contracts by commodity exchanges; or the delivery of the commodity underlying such physical commodity contracts; or the failure or delay of suppliers, the maximum time for delivery of such physical commodities by EBLN DMCC may be extended indefinitely during the period of such adverse conditions. EBLN will not be responsible for delays or failures in the transmission of transactions orders, receipt of transaction orders or the executive of such orders, payments, deliveries or information due to the incapacity, however long or failure of computer, transmission or communication facilities, which are beyond the control of EBLN.
- EBLN DMCC RESPONSIBILITIES EBLN will at all times to the best of EBLN’s abilities endeavour in such times provide clients services as laid out in section one of the EBLN Terms and Conditions page 2.
- CLIENT INSTRUCTIONS EBLN DMCC will rely upon instructions and orders given by the Client. In the physical commodities industry, it is standard practice that all purchases and sales are binding contracts and must be honoured. Once an order is placed by the Client to EBLN, and it is accepted by an EBLN representative, who must be authorised by EBLN, a contract is created.
- NON-DISCRETIONARY TRANSACTIONS AND SERVICES EBLN will not exercise discretion in trading for a Client on his or her client account, except where otherwise allowed as per these EBLN DMCC Terms and Conditions, in events such as, not limited to Equity calls and forced liquidations on the Clients account.
- CLIENT TAXATION CONSEQUENCES Tax responsibilities and consequences of physical commodity transactions with EBLN are and will always be the sole responsibility of the Client. Tax laws are subject to change, and the Client has the responsibility of consulting with his own tax advisors and legal advisers as regards the implication of taking physical delivery of physical commodities.
- EBLN DMCC GENERATION OF MARKET LIQUIDITY when you the client decide to execute a buy or sell order for physical metal, EBLN will provide you a buy or sell price; this will be provided by means of a pdf. Format trade confirmation. EBLN may hedge their positions which are made up of unallocated metal clients may trade. EBLN can be net short or long the physical spot market.
- UNCOVERED SHORT SELLING when a client enters into an uncovered unallocated precious metal trade the client has no right to the metal though currently has the exposure of the underlying asset for a period of time.
- EBLN DMCC may not go to market and execute the corresponding buy or sell order immediately that corresponds to the clients buy or sell order. Any loss generated through the difference in price given to you, the client, and the price EBLN received when actually executing the trade in the market will be borne by EBLN; as will any profit created if the metal is bought at a different time and the price has moved in the favour of EBLN DMCC the broker.
- EBLN DMCC reserves the right to sell metal and purchase the metal back at a cheaper price that it is market maker and principal for; if the metal appreciates in price and EBLN has to purchase metal back to honour unallocated physical metal holdings, EBLN will be responsible for writing off and accounting for any loss that may be incurred.
- EBLN reserves the right to securitize the deferred balance generated by its spot commodity trading activities and sell it as a product.
- EBLN reserves the right to reduce the amount of spot deferred balance on its account.
- EBLN reserves the right to terminate any uncovered unallocated spot contracts.
- In the event EBLN DMCC becomes irreversibly insolvent, unallocated holdings that you the customer may be trading may be deemed an asset of EBLN DMCC and so may be at risk if the customer has not already transferred his holdings, and responsibility successfully to another trading firm through the wind down process.
- SPOT DEFERRAL PAYMENT FACILITY
This section relates to the terms and conditions that are attached to using the deferred spot settlements provided by EBLN DMCC. The use of the spot deferral facility does not constitute a regulated activity. EBLN DMCC through the spot deferral facility do not provide credit. Spot precious metals are not classed as a “financial instrument” as seen in the FCA Glossary.
- The purpose of this Agreement within this section of the EBLN DMCC Terms and Conditions is to set forth such terms which EBLN will provide to the Client upon request, from time to time spot deferred settlement lines to sell and purchase physical commodities which include, but are not limited to a depository, collateral, security charge, storage and certain risks and costs associated with each transaction.
- Deferred settlement transactions. EBLN DMCC will provide a facility that is open to Clients where EBLN DMCC will buy the physical commodity for the client, but whereby the Client will have to deposit a minimum of 30% of the transaction cost for the amount of metal they want to buy, plus applicable fees and charges that may be associated with the physical commodity transaction. The remainder will be provided by EBLN’s spot deferred settlement agreements that it has in place. A charge will be incurred on a daily basis for deferred balances of metal if a Client decides to use the deferred settlement service; a calculated charge will be deducted on the day of the deferred transaction and the day the deferred transaction is closed by selling the metal and paying back the deferred amount of metal. The client has responsibility to make sure that the account has enough equity to maintain his unallocated metal positions. If adverse market movements occur and causes, there may not to be enough equity in relation to the transaction the Equity Call or Forced Liquidation policies may be triggered and enforced on the metal balance.
- EBLN DMCC does not provide a line of credit; it does not lend out fiat balances. EBLN DMCC offers a spot deferred metal facility where metal has been bought, not credit lent. These specific metal holdings that haven’t been completed paid for and so deferred come with a charge.
5.31 FORCE LIQUIDATION POLICY EBLN DMCC has the responsibility to liquidate low equity accounts. Should EBLN DMCC fail to act in a timely manner and prevent a deficiency on a client account by not forcing liquidation, the Client shall not be liable for any deficiency in excess of the deposit the Client deposited on account. The client cannot go into negative equity and cannot lose more than the equity he has placed into the deferred cost trade.
5.4 FORCE LIQUIDATION LEVELS EBLN DMCC Force liquidation levels are set at 12% equity and are subject to change. These levels or below may force EBLN to liquidate the position.
5.4.1 CLIENT WARNING LEVELS EBLN will endeavour to notify a client when their position drops below 22% equity and the position will go on “call”. On “call” means there has been a margin call on the position and the client has 3 days to either increase the equity position of the margin called trade above 25% or sell the position. If the value of the metal appreciates within these 3 days and the equity increases above 22%, the position will then no longer be on call. A client may sell another position to meet the equity demands of his margin call. If the client has not met the requirements within 3 days of their equity margin “call”, EBLN reserves the right to sell the low equity position into the market or another position the client may choose to remove the call. The remaining equity will then be placed back onto the clients trading account which can then be used again.
5.5 TERMS AND CONDITIONS OF SPOT DEFERRAL AND COST Charges on the commodities that have been deferred to the client shall be based on the value of the commodities at the time they are deferred as determined by the prevailing bid price set by EBLN DMCC. If clients fail to make such payments or return such commodities as required, shall constitute a default by the client and EBLN reserve the right to dispose of all collateral and security on deposit by the client or on the clients behalf and apply such proceeds against the obligations due to EBLN hereunder. Such right shall be without limitation to the value of the collateral and security or any other remedies granted to it by this agreement or otherwise by law. The charge on the deferred metal is calculated, on EBLN’s spot deferral-based facility on the number of days the balance for the deferred metal service is outstanding divided by 360. On the last day of every month, any charges that the client has not paid will be added to the unpaid balance in the account. Charging begins on the day the transaction is placed, and the final day of charging is when the metal is sold and the deferred unallocated metal is given back to EBLN, or, the client purchased the rest of the deferred metal in the position from EBLN DMCC.
5.6 PREPAY BALANCE The client may prepay any balance due, without any penalty.
5.7 RATES EBLN charges for the spot deferral facility and other services may change from time to time.
5.8 CLIENT ACCOUNT EQUITY REQUIREMENTS AND FORCED CLIENT HOLDING LIQUIDATIONS The Client has the responsibility and agrees to keep their obligations fully secured at all times, always to the satisfaction of EBLN, and to make additional payments on his or her account, or to use additional property as security, should the value of the security for such obligations at any time suffer a decline and reduction in value, or at any time should be then insufficient to secure such obligations to the satisfaction of EBLN DMCC. The Client should also expect and anticipate to be called upon from time to time by EBLN to reduce his outstanding deferred balance to transfer therefore additional funds onto their positions as security for the commodity deferral they have agreed to. In the case of a cash advance, if such a request is not responded to with the expected, and agreed designated payment within the specified time (which may be as short as 24 hours in some cases), the property that has been pledged as security may be sold by EBLN and the proceeds applied to the repayment of amounts owed to it and current deferred. EBLN also reserves the right to affect such a sale or purchase without making, or before the deadline for response to, a requirement for the reduction of the outstanding balance due to EBLN or an increase in Client security deposit with EBLN if at any time deems the collateral securing the obligations of Client to EBLN to be inadequate. This action will be taken and will most frequently occur due to severe changes in the market that have adverse effects on the market value of the deferred subject commodities.
5.9 DELIVERY OF THE PHYSICAL COMMODITIES TO A DEPOSITORY In addition to the depositories own vaults, or the vaults that the depository may now be using or may use in the future, the Depository may use any facility to store commodities on behalf of the Client. Physical Commodities that are transferred to the depository on behalf of the client will be delivered as an unallocated basis with the commodities of other depository customers unless the additional premium to hold the physical commodities on an allocated basis is paid, as well as that option being available at the time. The Client also may take physical delivery of the commodities and hold in his or her own possession as security upon full payment of the leverage balance and any applicable delivery, insurance, storage, taxes and other changes.
5.10 AUTHORISATION OF ACTION BY EBLN TO PROTECT SECURITY INTEREST IN COLLATERAL The Client authorises EBLN to take any actions it believes necessary to protect or preserve its security interest in the collateral. EBLN DMCC may file these Terms and Conditions and such any other documents it sees fit as EBLN DMCC may request with the appropriate authorities an order to protect EBLN’s security interest under these terms and conditions. Until the Client pays of the indebtedness in full, the Client is not and will not be authorised to sell, encumber or otherwise transfer any interest in the collateral or permit to exist any encumbrance of any kind on the collateral other than the security interest of EBLN under these Terms and Conditions.
5.11 CLIENT DEFAULT EBLN has the option available, and at which does not have to provide any demand or notice, all or any part of the indebtedness (including any deferral of Commodities provided to the Client) shall immediately become due and payable upon the occurrence of the following events (“events of default”): (a) failure to perform any of the responsibilities, terms, provisions or conditions as stipulated in these Terms and Conditions or (b) default in the payment of principal or interest of any indebtedness of Client when due. In the occurrence that the Client Equity in the collateral or security deposit for commodity balances falls below 36% of EBLNs minimum permissible level at any time, EBLN DMCC reserves the right and shall have the right, but not the obligation to foreclose upon all or any part of such collateral at its sole discretion. Foreclosure may be affected without prior notice given to the client, even though (1) a demand for additional security or repayment has not been made; (2) such a demand is outstanding which has not yet been met; or (3) Client Equity in the collateral has subsequently risen above EBLN’s minimum equity level for a physical commodity position due to the increase in the market value of the subject commodity because of positive movements in the commodity markets. It is the responsibility of the Client, and additionally also agree to closely monitor the equity in the collateral to reduce the likelihood of foreclosure and acknowledges the increased risk of foreclosure if the Client fails to adhere to his or her responsibilities of monitoring the position.
5.12 EBLN MINIMUM PERMISSABLE COLLATERAL LEVEL EBLN reserves the right to change its minimum collateral level permissible at its sole discretion at any time due to physical commodity market volatility.
5.13 FORECLOSURE In the event of Client failure to satisfy any indebtedness that may fall due, or at the occurrence of an event of default as previous defined and explained, or upon demand of Depository, EBLN may, at any time, at its election and discretion apply, set off, collect or dispose in one or more sales, with or without previous demands, notice of advertisement, the whole collateral or part of the collateral in such order as EBLN may elect or decide.
5.14 ASSIGNING OF RIGHTS AND PRIVILEGES Upon indebtedness in full or in part being transferred to the depository, EBLN may transfer its security interest in all or any part of the collateral and shall be fully discharged from all liability with respect to the transferred collateral. The Client does not have the privilege of asserting against depository any or defence that the Client has against EBLN. EBLN, may, at its own discretion, at any time, without providing any notice to the Client, assign a part or all of its rights and privileges under these terms and conditions. The Client also but agreeing to these terms and conditions agrees that EBLN may utilise any commercially reasonable basis by which it, in its absolute sole discretion, may provide leverage to the Client including in lines of spot deferred settlement.
5.15 CONTINUATION OF TERMS AND CONDITIONS These Terms and Conditions, this agreement is a continuing agreement. All rights, powers and remedies hereunder shall apply to future, present and past indebtedness of the Client to EBLN.
5.16 AGREEMENT REVOCATION This agreement and terms and conditions may be revoked upon written notice being provided by the Client to EBLN who has signed into this agreement and is bound by these terms and conditions, and then only if at that time there is no Client indebtedness outstanding to EBLN.
5.17 RIGHTS POWERS AND REMEDIES OF EBLN The powers, remedies and right provided to EBLN are cumulative and not exclusive of any other rights, powers of remedies that may EBLN may also have.
5.18 ENTIRE AGREEMENT this agreement and acceptance of these terms and conditions constitutes the entire and whole agreement among is parties and is intended as a complete and exclusive statement of the terms and conditions of their agreement. This agreement and terms and conditions may be amended, but only if a replacement agreement and terms and conditions are executed, or in the event of the Client failing to object, within 5 working days, to modifications contained in the written material sent by EBLN to the Client.
5.19 SUPERCEDING OF ORAL REPRESENTATIONS This agreement and agreed terms and conditions shall supersede any oral representations between the parties involved.
5.20 SEVERABILITY OF THIS AGREEMENT In the event that a provision within this agreement and terms and conditions is determined in a court of law to be unenforceable in a particular jurisdiction, the enforceability of that provision/s shall be unaffected and remain enforceable in all other jurisdictions. If a provision in a jurisdiction is seen as to be unenforceable by a court of law the remainder of this agreement and terms and conditions shall be bringing upon the parties as if such provisions were not contained within.
5.21 THE CLIENT ACKNOWLEDGES THE FOLLOWING:
5.21.1 The Client has read and understood these terms and conditions/ agreement and is aware of the nature and extent of their rights, but also the risks involved under these terms and conditions.
5.21.2 Client transactions will be cleared as soon as possible after the payment by the client for the equity requirement for a specific transaction ordered by the Client. For the purpose of interest calculation on the Client account and monitoring of Equity calls and forced liquidation levels, the transaction will be considered completed at the time of clearing. There may be some instances where the transaction may be considered completed in advance of funds or receipt of the collateral by a depository.
5.21.3 EBLN will be entitled to rely upon all orders and directions given to it by the Client and EBLN shall have no liability to the Client and the Client will never hold EBLN liable following the orders or directions given by the Client.
5.21.4 EBLN will be entitled to lend the unallocated precious metal holdings out to another party on the basis it will be returned and subject to terms and conditions.
5.21.5 EBLN may lend unallocated metal out for the purpose of entering short spot metal transactions. This is not a regulated activity.
5.21.6 If you the client enter a short unallocated spot precious metal contract, the metal that has been loaned to you can be repatriated by the spot commodity lender at any time. Your short position may be closed as a result.
5.21.7 When you use the spot deferral facility this can adversely affect your breakeven price whether you are transacting a long or uncovered short transaction.
- COMMUNICATIONS TO CLIENT FROM EBLN
- EBLN will communicate with the client regarding confirmations, equity calls, transactions, client account statements and administrative matters by telephone and/ or email. Items concerning the above will generally normally not be sent by regular mail.
- When involved with Time sensitive matters, equity calls will be advised by telephone to Client as possible and confirmed by email of the equity call that took place.
- A staff representative who discusses digital assets with a client may, due to extraordinary reasons i.e. act of God or a pandemic utilise other mediums of communication to communicate with the client i.e. encrypted messaging services, additional non-firm email address
- EBLN DMCC DEPARTMENTS
- Within EBLN separate departments exist for back office functions and compliance, and a separate department for trading functions. Staff may operate from home and out of office and trading hours.
- STORAGE AND SECURITY AGREEMENT
- Property and Rights subject to Security Interest. As security for every Client transaction and the performance of all Client obligations hereunder, whether now existing or hereafter incurred. The Client hereby grants EBLN DMCC a security interest in each and every commodity the Client purchases from EBLN for any stored transaction, unless delivery takes place.
- CLIENTS INDIVIDUAL AUTHORITY. The Client who signs this agreement and is bound by these terms and conditions is authorised to deal full with the account opened hereunder, for the purposes of placing orders, receiving funds or commodities or otherwise. Any action taken by any such party shall be binding on all other parties with an interest in that account. Each such party shall hold EBLN DMCC harmless for relying hereon. All obligations of Client under these terms and conditions are joint and several.
- Failure to exercise or delay in exercising any right, power or remedy hereunder by EBLN DMCC shall not operate as waiver thereof, nor shall any single or partial exercise of any right, power or remedy of EBLN hereunder preclude any other or future exercise of any other, right or remedy.
- Authority of Depository to Act. The Client or Customer agreements that the Depository may act upon any instruction received from EBLN concerning delivery, transfer, and sale or depositing or Commodities held by Depository on Clients behalf.
- OPERATION OF ACCOUNT
- Client account equity calls. If using the spot deferred settlement leverage facility, the Client is required to maintain enough equity in the account to meeting EBLN’s minimum equity requirements. In the event the value of your, the Clients value of the commodity holding causes your equity within your position to fall below the amount required, and breaches EBLN’s minimum equity requirements, a request will be made for additional funds to be transferred on account to increase your equity if this threshold is breached. This is an equity call. In this event, if you, the Client maintain your transaction you will be required to remit funds to meet the call at short notice depending on physical commodity market conditions. If at any time the equity in your account falls below the forced liquidation equity level set by EBLN DMCC, regardless of whether an equity call has been issued to you, the Client, the collateral in your account may be force liquidated.
- The impact of cumulative commissions and other charges. The Client should, before executing a transaction obtain, from EBLN DMCC a clear explanation of commissions, fees and spreads on the different physical commodities. This, you, the Client will be responsible for. For any subsequent transaction these charges will cumulatively have an adverse impact on your net profit or increase your loss on the position. You, the client, should always consider, as it is the Clients responsibility to withdraw any profitable transaction. The client should be aware the cost of facilities such as spot deferral of a metal purchase or sale can affect the profitability of his positions and his overall breakeven price.
- CLIENT CONFIRMATIONS AND MONTHLY STATEMENTS
- EBLN DMCC will send to the client a confirmation email for each transaction
- The Client, if he or she notices any literature that has any inaccuracies, must report it immediately to EBLN. Following the third working day following receipt all such literature will be deemed as correct.
- STOP LOSS AND LIMIT ORDERS GIVEN TO EBLN BY THE CLIENT. Stop loss and limit orders will be accepted at EBLNs discretion and will only accept such instructions on the understanding that EBLN will exercise its best endeavours to execute such stop loss and limit orders and that there is no guarantee that the order will be executed at the price at which the stop loss or limit order is placed. EBLN, may, for the client be able to provide automatic stop loss or limit orders with suppliers. The Client must agree and understand that all stop loss and limit orders are subject to prevailing market conditions and slippage.
- EBLN PRODUCTS FEES FOR PHYSICAL COMMODITY TRADING
Please see below a list of fees and charges. EBLN will, before the execution of any transaction on behalf of the client, explain the fees and charges to the Client.
SPREAD OF PHYSICAL COMMODITY – The spread varies per size, product, market conditions and location.
SERVICE FEE – 1.188% annually on total value of the asset. This is calculated and deducted on the first of the month on total value of the holdings at time of calculation.
STORAGE COSTS – Quote on order. This is charged on a daily basis and may be subject to VAT.
SPOT DEFERRAL FACILITY CHARGES – This is on the spot deferred settlement facility. This is charged on a daily basis on the spot metal price lows of the day on the outstanding balance which has been deferred by the client and is deducted from the client’s equity within the trade. The interest is cumulative. The charge is currently 8.9% per annum on the deferred amount used with this facility and 9.9% for naked short contracts. Your breakeven price may increase if you continue to defer the total purchase using the spot deferral facility.
DELIVERY – This may be subject to VAT. Delivery charges depend on the product, the size and amount of the product and the delivery destination.
EBLN has a complaints policy which is available to clients upon request as per these terms and conditions. This ensures that any complaints arising out of this Agreement of these terms and conditions and operation of the Client account are and will be reviewed in a timely manner.
- WITHDRAWAL OF FUNDS
If the client withdraws funds from their physical bullion trading account, and, but not limited to withdrawal funds from his or her open positions by reducing the equity in their physical bullion position, EBLN will charge a $0 administration fee per withdrawal; this will debited from the client account. EBLN has the discretion on this to increase or decrease this charge or any charge. EBLN reserves the right to freeze withdrawals if there is an adverse market condition, liquidity problems, asset valuation issues or any other reason EBLN may encounter. EBLN will resume withdrawals from the precious metal trading account when such issues have been rectified.
- FAILURE TO KEEP AML DOCUMENTATION UP TO DATE
When you open a physical metal trading account with EBLN you will be required to send in proof of identity and location to adhere with anti-money laundering standards. You will also be required to continue to keep this documentation up to date with EBLN and up to date immediately upon request. If you the client do not keep your AML documentation up to date EBLN will not allow you to trade, fund your account further or request a withdrawal from your account until the paperwork request is up to date. EBLN reserves the right to liquidate your unallocated metal holding if you do not meet anti money laundering reporting standards and do not action any requests EBLN may make. It is the clients responsibility to make sure this is up to date not EBLNs.
- DELAYED PAYMENT OF FUNDS
If a client agrees a metal trade on his account and does not settle his metal trade t+1 (transaction + 24 hours) the metal will be sold, and any loss or gain applied to his account. The metal is a spot purchase and so settles immediately and not at a future date.
- FAILURE OF SETTLEMENT OF FUNDS AFTER DELAYED PAYMENT OF FUNDS
The loss may be deducted with any funds the client may have on their client trading account and may place the account in negative balance, owing then to EBLN DMCC. EBLN reserves to right to take legal action to recover the debt on the account if the client does not settle the negative status on their metal trading account. Proceeds of future or existing positions may be used at the discretion of the company to settle the debt. Equity from existing positions may be used at the discretion of the company to settle the debt. The client will not be able to engage in further physical metal trading activity until the position, during the settlement period if paid for, or, if there is a debt on the clients trading account the debt is settled.
- LIMITATIONS OF EBLN LIABILITY AND INDEMINITY
- EBLN DMCC shall not be liable to the Client in any way for the non-performance of its obligations hereunder or the failure to execute any contract in accordance with the instructions given by the Client as per these terms and conditions by reason of any cause beyond its reasonable control. The physical commodity markets can be volatile, and while EBLN will act in good faith, EBLN DMCC shall not be liable for any loss sustained as a result of any representation given by EBLN on any physical commodity transaction or course of action executed or followed by the Client whether following market information and intelligence or market research that was provided by EBLN or otherwise insofar as and then only to the extent that such a loss is caused by the negligence or default of EBLN that was proved to be wilful.
- On demand of EBLN, the client shall indemnify and continue to indemnify from and against all liabilities, losses, costs, taxes, commissions, charges and duties incurred or suffered by EBLN in the proper performance of its services or the enforcement of its rights hereunder, or as a result of:
- Client defaulting on a payment of any amount under these terms and conditions when due
- EBLN exercising its rights under this agreement to close out all or any part of a Client transaction before its applied settlement date.
- Either the Client of EBLN exercising their right to terminate the agreement which is bound by these terms and conditions.
- Freezing of funds assigned to pay for metal, that may be held in the business bank account or bank accounts of EBLN, that has not been paid for yet due to the bank carrying out checks, money laundering checks, or any other type of due diligence or checks financial institutions or enforcement agencies may undertake. In the event of this occurring EBLN is not liable for any damages or responsible for this occurring.
- CLIENT REPRESENTATIONS
The Client represents to EBLN that, both on the date of the signing of the agreement and therefore agreement to these terms and conditions and at the time of the execution of each transaction instructed by the Client, that:
- The Client has the full power and authority to enter into this agreement and be bound by these terms and conditions and all other terms and conditions pertaining to additional products and markets they he or she made trade on through third parties.
- The Client had taken all the necessary steps to enable it to lawfully enter into this agreement and be bound by these terms and conditions.
- The equity and or any other assets by way of security that is deposited by the Client for the Client obligations hereunder are beneficially owned by the Client and the Client will not create any charge or other encumbrances over or in respect of such funds or assets.
- The Client will not attempt to utilise their account for any money laundering purposes.
- The Client will, on request by EBLN provide such information as financial affairs and his position, information on business affairs and information on the Clients identity. It is the responsibility of the Client to provide as much information as EBLN requires and that all the information provided by the Client to EBLN is true.
- The Client has read the risk disclaimer for physical commodity trading within these terms and conditions.
- The Client understands that the purchase and sale of physical commodities involve risk as well as the creation of opportunities. The Client represents to EBLN that he or she understands that the market prices of physical commodities may at times be volatile and may be affected by a variety of factors including, but not restricted to political risks, both international and domestic, fluctuations in production and demand of physical commodities, speculative activity within the market, stockpiles and general economic conditions as well as, but also not limited to the concern people have about these matters.
- EBLN may not be able to contact the Client at all times necessary.
- The Client has the responsibility to monitor their account and the market conditions that may affect their transaction/s.
- It is the responsibility of the Client to contact EBLN. In the event of theft, it is the responsibility of the client.
- The Client understands that his or her account with EBLN DMCC is self-directed. This means that the Client makes his or her own trading decisions; this also means the Client is responsible also for all of his or her own trading decisions, profits, and losses
- If the Client believes that he or she has entered into an agreement that has not been authorised by the Client, or that a transaction should have been executed by EBLN on behalf of the client by has not be executed, the Client has the responsibility to notify EBLN immediately by telephone or by email. Such emails should be sent to firstname.lastname@example.org.
- The client should not and will not be rude, treat a staff member of EBLN DMCC unfairly, bully, use profanity, threaten a member of staff in person and/ or on the telephone and has the responsibility to act with professionalism when speaking to a member of staff of EBLN DMCC regardless of the situation. If the customer / client fails to do this EBLN DMCC has the complete discretion to terminate the relationship between client and firm with immediate effect. The damage or unintended profit or loss this will cause will not be the responsibility of the firm and will be born by the client, which was brought about by their failure to adhere to 11.13 of these terms and conditions.
- EBLN DMCC may, at its discretion warn the customer/ client they are in breach of 11.13 of these terms and conditions and may provide the client an opportunity to change their treatment of the firm / and or its members of staff.
- REGULATION OF PHYSICAL COMMODITY TRADING
- Physical commodities are not deemed a specific investment as per the Regulated Activities Order. EBLN DMCC is not regulated by the Financial Conduct Authority. EBLN DMCC is regulated by the Dubai Multi Commodities Centre in the UAE.
- This means that you are not eligible to any recourse under the Financial Services Compensation Scheme (FSCS) or any compensation scheme.
- EBLN DMCC will provide Clients with assistance and support with their account and transactions.
- Spot precious metals are not regulated they are not classed as a financial instrument.
- Lending precious metals for the purposes of short selling is not a regulated activity. Short selling of precious metals is not subject to the short selling regulation [Council of 14.01.12 on short selling and certain aspects of credit default swaps 236/2012]. If you have a short contract and the price of the precious metals goes up this will effect your capital and you may lose it entirely.
- GENERAL CONDITIONS
- The Agreement to these terms and conditions and these terms and conditions themselves constitute the entire agreement and understanding of the parties involved to its subject matter and the basis on which EBLN will enter into any contract with the Client and supersedes all previous written or oral correspondence and communication or understandings, whether it was informal or formal.
- The Client cannot transfer this Agreement or any interest or obligation in or under this agreement without the prior written consent from EBLN DMCC. Any purported transfer as described above shall be null and void.
- The Client has the responsibility to complete the EBLN DMCC Client Application form referring to these Terms and Conditions.
- The Client certifies that the passport, identity card or documents provided, or driver’s license provided to EBLN for money laundering checks as per procedure are correct and the contents up to date.
- EBLN DMCC reserves the right to amend these terms and conditions at any time, by providing notice to the client in writing. Any amendments made by EBLN as regards to these terms and conditions shall take effect from the date specified by EBLN but may not be retrospective or affect any rights or obligations that have already arisen before the amendments of these terms and conditions and have already been brought up in writing by the client. If EBLN makes an amendment to these Terms and Conditions the client will provided 5 working days’ notice prior to the amendment being made.
- The rights and remedies provided in these terms and conditions and the indemnities contained, are cumulative and not exclusive of any rights or remedied provided by law.
- The absence or failure on the part of any party bound by these terms and conditions to exercise, and no delay on its part in exercising, any right or remedy under these terms and conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the service of any other right or remedy.
- EBLN and the Client agree to and consent to the following:
- The electronic recording by either party of the telephone conversations between both parties;
- The ability to use electronic recordings or transcripts from the electronic recordings as evidence by either party in any dispute or anticipated dispute between the parties or in the event of a situation relating to dealings between the parties; and
- Electronic recordings or transcripts made by EBLN being destroyed as per internal policies.
- Nothing contained within these terms and conditions should be seen or construed as an offer or invitation for EBLN DMCC to buy and sell commodities or an obligation to buy and sell commodities.
- If there is a notice to be sent, it is to be sent to EBLN’s UK address or if it is to be sent to the Client it is to be sent to the address the Client has set forth on their Client Application Form, or, if the Client has provided another destination for the notice in writing.
- Notices sent to the Client by EBLN whether it be by email, writing and sent in the post or by telephone will be, as per these terms and conditions, effective immediately.
- The Client agrees and consents that any claim, grievance or controversy arising out of or relating to Client account, to transactions pursuant to this Agreement or the breach there of, shall be resolved by arbitration in accordance with the rules of any publicly recognised arbitration facility in Winchester, United Kingdom or facility of EBLN’s choice. Judgement upon any reward rendered by the arbitrators may be entered in any court having jurisdiction thereof. In agreeing to this agreement and by signing the Application Form, you:
- You, as the Client are waiving your right to sue in a court of law; and
- You, as the Client are agreeing to be bound by arbitration of any claims or counterclaim which EBLN may submit to arbitration under these Terms and Conditions.
- Binding Terms and Conditions and Agreement. The provisions of these terms and conditions shall be continuous and shall be to the benefit of EBLN, its successors and assigns, and shall be binding upon the Client and/ or the estate, administrators, successors of Client and representatives. EBLN may assign its rights and delegate its duties as to any or all transactions under this Agreement. The Client shall not delegate any obligations hereunder without the prior written consent of a duly authorised employee of staff member of EBLN.
- Any such delegation as per article 13.13 shall be null and void if not given consent by an authorised staff member of EBLN.
- BANK ACCOUNT. The Clients funds are at all times maintained, until used for a Commodity transaction, at the account of market counterparty. To fund their account the client may need to fund to either a designated EBLN DMCC bank account, which in turn will then be transferred on to suppliers and financiers for payment of the metal.
- FOREIGN EXCHANGE CONVERSIONS. EBLN reserves the right and is entitled to, with prior notice provided to the Client; make any foreign exchange conversions between currencies that EBLN deems to be desirable and necessary. Any fluctuations in the value of Accounts as a result of foreign exchange rate movements shall be at the risk of the Client. The Client should be aware that trading commodities denominated in currencies other than that which the account is held, will be subject to fluctuations in value because of currency exchange rate movements on foreign exchange markets. EBLN will inform clients of such charges or conversions before any conversions take place.
- LAW OF APPLICABLE COUNTRY. The law that shall apply to these terms and conditions are the laws of United Arab Emirates; provided that, if any England and Wales law shall dictate that the laws of another jurisdiction apply in any proceeding, such laws shall be superseded by this 13.17 paragraph. Nonetheless the remaining Laws of the United Arab Emirates that apply to these terms and conditions shall be, in a proceeding applied.
- PRECIOUS METAL EQUIVALENTS. EBLN DMCC may fulfil client exposures with Spot precious metals by purchasing the digital asset equivalent, which is physically backed by the precious metal, mirrors identically the spot price of the precious metal, can be converted into the precious metal upon request and is at all times backed by stored physical metal. EBLN reserves the right to open exposures within these “equivalents” to fulfil customer orders as well normal spot precious metals through physical exchanges.
- PHYSICAL COMMODITY RISK DISCLAIMER
By trading metals using a spot deferral facility you may lose your initial capital. By using the spot deferral facility, you incur a cost, and this may also adversely affect your capital position and adversely affect your breakeven price. Should you as the client decide that you would like to spot defer your holdings with EBLN DMCC using spot deferred settlement products and services, the amount of your deposit will only be a percentage of the physical value of the physical commodity you have agreed to purchase. A relatively minor market movement will have a proportionately larger impact on the funds you have deposited. In the light of this, deferral can work against you as well as financially beneficial for you. You may sustain a significant loss of your initial deposit and any additional funds you may have also deposited to support your physical commodity position. If the market moves against your holding and required equity levels into relation to your holding are increased, you may as the client be called upon to pay substantial additional funds at short notice to maintain the current physical commodity holding you presently have.
Trading on over-the-counter markets requires experience, knowledge and skill. Buying and selling physical commodities is speculative and contains a varying degree of risk. EBLN DMCC is not regulated by the Financial Conduct Authority (FCA) but the Dubai Multi Commodities Centre in the UAE and means that you will not have access to any statutory compensation schemes. The buying and selling of physical OTC commodities, such as Gold, Silver, Platinum, Palladium or Rhodium is not a regulated product. This means that you are not eligible to any recourse under the Financial Services Compensation Scheme (FSCS) or any compensation scheme. In the event EBLN DMCC becomes irreversibly insolvent, unallocated holdings that you the customer may be trading may be deemed an asset of EBLN DMCC and so may be at risk if the customer has not already transferred his holdings, and responsibility successfully to another trading firm through the wind down process.
Past performance of physical commodities provides no indication of future performance. You should consider before you make any decision to purchase and trade within the over the counter spot market’s your individual position financially.
The currency exchange rate fluctuations may also have an adverse effect on the value of transactions you may enter into with EBLN DMCC that may be traded in foreign currencies.
The reason spot commodity trading, and therefore spot gold and silver as well other precious metals are not regulated are because they do not fall under the definition of a “financial instrument” as defined by the financial conduct authority glossary. Lending precious metals for the purposes of short selling are also not a regulated activity. Short selling of precious metals is not subject to the short selling regulation [Council of 14.01.12 on short selling and certain aspects of credit default swaps 236/2012]. If you have a short contract and the price of the precious metals goes up this will affect your capital and you may lose it entirely.
Using the spot deferral facility, which enables you to defer an amount of the transaction cost until you sell the position, can adversely affect your break even prices and you are at risk of losing some or all of your initial capital in adverse market conditions.
“Financial instruments”, which are regulated are defined as the below in the FCA glossary, which include.
(e) options, futures, swaps, forwards and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of a default or other termination event;
(f) options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled provided that they are traded on a regulated market, an MTF, or an OTF, except for wholesale energy products (having regard to article 6 of the MiFID Org Regulation) traded on an OTP that must be physically settled where the conditions of article 5 of the MiFID Org Regulation are met;
(g) options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in (f) and:
(i) not being for commercial purposes having regard to article 7(4) of the MiFID Org Regulation;
(ii) which have the characteristics of other derivatives financial instruments having regard to article 7(1) of the MiFID Org Regulation; and
(iii) not being spot contracts having regard to articles 7(1) and (2) of the MiFID Org Regulation.
Spot commodities, and in turn the trading of spot precious metals are not “financial instruments” and therefore not classed as a regulated activity.
- Collection and Use of Information
EBLN DMCC will collect the following information about you:
- Account Information. To use EBLN DMCC services, you will need to create a trading account (if you are a Direct User) or your company will create an account for you (if you are an Authorized User) (each, an “Account”). When an Account is created, we’ll collect certain PII that can be used to identify you, such as your name, date of birth, title, location, email alias, email address and postal address. We will only use such PII for the purposes of providing the Services to you (if you are a Direct User) and your company (if you are an Authorized User). We could also collect other information about you that is not PII, such as Usage Data (as defined below), and this will only be used as described herein.
- Direct Users: If you create an Account through the Services, we could also collect your gender, date of birth, Post/zip code and other information. We will only use this information for purposes relating to the provision of the Services to you and for improvement of the Services. If your Account is created on behalf of your Business/Company, we will also collect certain information about your business/company, such as your organization’s corporate name, email address, postal address, phone number.
- Support Information You Give Us: If you contact us for client support, we will collect your name and other content included in the support request, to provide you support.
- Information Collected Using Cookies and Other Web Technologies. Like many website operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.
- “Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that could be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services and to monitor how many visitors view our Services.
- Information Related to Use of the Services. Our servers automatically record certain information about how our Services are used (we refer to this information as “Usage Data”). Usage Data could include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the pages or features of our Services to which a User browses and the time spent on those pages or features, frequency with which our Services are used by a User, search terms, and other statistics. We use Usage Data to administer the Services and we analyse (and could engage third parties, who are under an obligation of confidentiality, to analyse) Usage Data to improve, customize, and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences.
Please note that if you decide not to provide us with the PII that we request, you will not be able to access or use all of the features of the Services.
Treatment of PII Following Termination.
- If you have any questions whatsoever after termination of the relationship with EBLN DMCC whether a trading client or a prospective customer who has visited our sites, please email email@example.com
- Information that We Share with Third Parties
Information Shared with Our Services Providers. We engage certain third-party services providers to work with us to administer and provide a portion of the Services. Such third parties include:
- customer relationship management software providers, which store your PII globally, to assist us in providing the Services and contacting you;
- Internet hosting and cloud service provider services
Information Shared with Third Parties. We could collect and share aggregated and de-identified information (such that information cannot be identified as the information of a particular user and will therefore not include PII) with third parties for industry research and analysis, demographic profiling and other similar purposes, and for third-party programs to access the Services in a manner that extends the EBLN DMCC user experience and helps us operate and improve the Services.
Information Disclosed in Connection with Business Transactions. Information that we collect from our Users, including PII, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, will be disclosed or transferred to a third-party acquirer in connection with the transaction. The disclosure and transfer of any of your PII to such third-party acquirer will be done in compliance with applicable law and regulation (including but not limited to the Privacy Shield, as the case may be), and only as necessary in order to enable EBLN DMCC or the relevant acquiror to continue to perform services to you or your organization.
Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. In certain circumstances, we will disclose any of your PII to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas), law enforcement requests and national security requests; (ii) to protect our rights and safety and the rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity. In the event of such disclosure or transfer of your PII to public authorities, there is a chance that EBLN DMCC will not be able to require such public authorities to implement and maintain reasonable security controls to protect the confidentiality, integrity and availability of your PII.
Information Shared with Other Users. For Direct Users, the information you list about yourself or, if you are an Authorized User of a company that is subject to the terms of an MSA, that is listed on your behalf by the company in your user profile, including, but not limited to, your profile photo, your organization and your name (collectively “Profile Data”), will be published and viewable to other Users in the EBLN DMCC directory of Users so that other Users can find you using the “Search” feature in the EBLN DMCC Services. For Authorized Users, the content of your Profile Data and its publication in the EBLN DMCC directory of Users will be controlled by your company’s administrator.
- Where We Send Your PII
As our Users operate globally, we need to send User PII to different countries in order to provide the Services, and you might send your PII to different countries in the course of submitting Posted Data on the EBLN DMCC to Users in those countries.
- Your Choices – EU Users
If you are a User located in the EU, then depending on whether you are a Visitor, a Direct User or an Authorized User, we will offer you certain choices regarding the collection, use and sharing of your PII.
- Visitors and Direct Users: If you are a Visitor or a Direct User, you have specific rights over the PII that EBLN DMCC controls which you can exercise in specific circumstances, such as:
- Access: to know whether we process PII about you, to access that PII and find out how we use it and who we share it with;
- Portability: to receive a subset of the PII we collect from you in a structured, commonly used and machine-readable format, and to request that we transfer such PII to another party;
- Correction: to require us to correct PII about you that is accurate or incomplete;
- Erasure: to request that we erase PII we hold about you in certain circumstances. Note that in cases where we grant your request for deletion, copies of erased PII could remain in archived/backup copies for our records, as we are not always able to delete information from those locations;
- Restriction: to require us to stop processing the PII we hold about you other than for storage purposes in certain circumstances; and
- Objection: to object to our processing of PII about you and we will consider your request.
Please contact us at firstname.lastname@example.org with such requests. We will respond to your request as soon as we reasonably can, and we will attempt to respond to all requests within 60 days of verifying your identity.
- Authorized Users: If you are an Authorized User, the PII associated with your Account and your Profile Data is managed by your company administrator. EBLN DMCC can only act on the instructions of you or your company, so you must contact them directly to exercise any rights over your PII. For questions about how you can exercise your rights over your PII, please contact the appropriate EBLN DMCC representative and they will be able to provide more information about how your request will be handled.
- Questions; Complaints; Other
For the purposes of EU data protection laws, our representative in the EU is EBLN DMCC 41 Southgate Street, Winchester, Hampshire, SO23 9EH, United Kingdom.
You can at any time submit a complaint, personal data access request or communicate any other issues arising under the Privacy Shield with respect to your use of the Services to EBLN DMCC, 798 DMCC Business Centre, Level No 1, Jewellery and Gemplex 3, Dubai, UAE
You must be at least 18 years of age to use the Services. Our Services are not directed to individuals under 18 and we do not knowingly collect PII from individuals under 18. If we learn that we have collected PII of an individual under 18 we will take steps to delete such information from our files.
- Visitors and Direct Users: We’ll post them on the Services.
Legal Basis Table
Please note that this table is only for Visitors and Direct Users located in the EU and applies where EBLN DMCC is the data controller. For Authorized Users, please contact your company for further information about its legal basis of processing.
|Data Field||Processing Purpose||Legal Basis|
Legitimate Interests (to make sure that our Services function properly and meet your needs)
|Support information you give us||· to make sure that the Services work for you and to provide you with user support||Legitimate Interests (to make sure that our Services function properly and meet your needs)|
|Information collected using cookies and other web technologies||· to make sure that the Services work properly for you||Consent|
|Usage Data||· to fulfil our contract with you
· to improve, customize and enhance our Services
Legitimate Interests (to make sure that our Services function properly and meet your needs)
|Posted Data||· to fulfil our contract with you||Contract|
|Information sent by your mobile device||· to make sure that the Services work properly for you||Legitimate Interests (to make sure that our Services function properly and meet your needs)|
|Location information||· to provide you with location-based services and improve and personalize our Services to you||Consent|