1) Your personal information
Bloom Trade Finance and its respective subsidiaries and affiliates (collectively referred to as Bloom, we, us and our) take our responsibility for your personal information seriously and are committed to managing personal information in accordance with the Privacy Act 2020 (Act). In our privacy policy we set out how we will handle and manage personal information we collect and/or hold about you.
In our privacy policy, “personal information” has the same meaning as in the Privacy Act; (namely, information about an identifiable individual).
We may change this privacy policy from time to time, with or without notice to you. When we do so we will publish an updated version on our website www.bloomtradefinance.com (Website). We recommend that you visit our Website regularly to keep up to date with any changes.
This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.
2) What personal information we collect
Clients and prospective clients
When you enquire about our services or when you become a client of Bloom, a record is made which includes your personal information.
The types of personal information that we collect will vary depending on the circumstances of collection and the kind of service that you request from us, but will typically include:
Prospective employees/applicants
In connection with considering your application and/or offering you an employment position:
We request directly from you and collect certain personal information.
We may also collect personal information from third parties (including government agencies), in ways which you would expect (for example, from recruitment agencies or referees you have nominated), and from conducting background checks. [We do this regardless, not just for certain positions.]
We may also collect relevant information from third party sources such as LinkedIn and other professional websites.
Other individuals
We may collect personal information about other individuals who are not our clients. This includes members of the public who participate in events we are involved with; individual service providers and contractors; and other individuals who interact with us on a commercial basis. The kinds of personal information we collect will depend on the capacity in which you are dealing with us. Generally, it would include your first and last name, address, e-mail address and telephone number.
If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which may identify you. If we identify you, we will seek your specific consent.
In limited circumstances, we may collect information which is considered sensitive information. For example, if you are injured while participating in the services that we provide or at an event promoted or delivered by us, we may collect health information about you in an emergency or otherwise with your consent.
3) When we collect personal information
We collect personal information from you:
4) Why we collect personal information, and what we use it for
We collect and use your personal information as reasonably necessary to carry out our business, to assess and manage our clients' needs, and provide services. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with you and/or third parties and managing client relationships.
The purposes for which we usually collect and use personal information depend on the nature of your interaction with us, but may include:
5) How we hold personal information
We store information in paper-based files and/or using other electronic record keeping methods in secure databases (including trusted third party storage providers based in United Kingdom and overseas). Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.
We maintain physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security; for example, we use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords to control access to our computer systems.
We endeavour to use encryption or other technologies to ensure the secure transmission and storage of information via the internet. Users of our websites are encouraged to exercise care in sending personal information via the internet.
Records must be kept for a minimum of 7 years after the end of a business relationship.
We may keep the records for a longer period at our discretion.
6) Using and sharing your personal information
The purposes for which we may use and disclose your personal information will depend on the services we are providing you or the purposes for which we are interacting with you.
We may, subject to any internal conflict management procedures, provide your personal information to our employees, related companies, contractors, advisors, agents regulators, exchanges, courts, service providers and other third-parties (including financial institutions), where permitted or we believe this is appropriate to help us with any of the purposes we have outlined above. We will take reasonable steps to ensure that those recipients do not use that personal information for any other purpose.
We will not send your personal information to another organisation to use for their marketing purposes.
We may also use and disclose personal information for a range of administrative, management and operational purposes. This includes:
We may release personal information when we believe this is appropriate for legal compliance and law enforcement, or will help prevent fraud, money laundering or other crimes (including to government agencies with statutory law enforcement responsibilities).
We may also release personal information to enforce or apply our terms of use, other applicable terms and conditions between you and us, or protect our company, our users, or others.
We can release personal information to third parties as instructed by you, as explained at the time of collection of the information and in other ways permitted by the Act.
7) Direct marketing
We may use or disclose your personal information for the purpose of informing you about our services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below.
If you opt-out of receiving marketing material from us, we may still contact you in relation to our ongoing relationship with you.
8) Disclosure of information overseas
We work with clients, service providers, sponsors and commercial interests across the globe.
You have authorised us to make any disclosure permitted to any third party that provides services to Bloom or government agency/regulator whether in United Kingdom or elsewhere.
9) Right to access your personal information or seek correction of your personal information
To find out what personal information we hold about you, to get a copy of that information, and/or request corrections to that information as outlined in the Privacy Act, or for any further information about this privacy policy, please contact us at info@bloomtradefinance.com
We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.
However, if you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.
We may decline your request to access or correct your personal information in certain circumstances in accordance with the Act. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.
10) Where we receive information about others from you
If you provide us with personal information about someone else, you must ensure that you have their consent to do so (including their consent to Bloom contacting them), so that, without us taking any further steps required by applicable data protection or privacy laws, we may collect, use and disclose such information for the purposes we have described in this policy.
This means you must take reasonable steps when providing personal information so that the individual concerned is aware of and/or consents to this policy, including that:
11) How we interact with you over the internet
You may visit our Website without identifying yourself. If you identify yourself (for example, by providing your contact details in an enquiry), any personal information you provide to us will be managed in accordance with this privacy policy.
Our Website may contain links to third-party websites. We are not responsible for the content or privacy practices of websites that are linked to our website.
12) Cookies
We may use cookies when you are on the Website. Cookies are small blocks of text stored on your device. They allow us to recognise you (or rather, your internet browser) as you move around our site, and if you return to our site later. Cookies cannot read your hard drive or command your computer to perform any action.
Cookies may be used for security to help us identify you, to provide you with personalised features and for tracking traffic on our site. Any information we collect and share with third parties through cookies is aggregated and therefore anonymous (when shared with third parties, it does not include personal information which is likely to identify you).
You can prevent new cookies from being installed and delete existing cookies. The procedure depends on which browser you are using. For information on how to remove cookies check your internet browser. You may be unable to access certain pages on our Website unless you accept cookies.
13) Analytics
To improve our Website and services we may use patterns and other meaningful information gathered from website analytics tools. This may include the timing and frequency of your use of the Website, your IP address, page requests, form requests, mouse click activity and other information that you voluntarily enter into the website.
In addition, we may use third party cookies from third party services such as Google Analytics and/or Microsoft Application Insights. These services give us insight into behavioural information relating to users interests in our services, on an anonymous and aggregate level. This helps us to understand browsing behaviour to give a better experience whilst using our services.
You can access Google's Privacy Policy here and Microsoft’s Privacy Policy here.
14) Complaints about the handling of your personal information
You may contact us at any time if you have any questions or concerns about this privacy policy or about the way in which your personal information has been handled.
You may make a complaint about privacy to the Privacy Officer at the contact details set out below.
The Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.
If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.
In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.
15) How you can contact us
The contact details Bloom Privacy Team are as follows:
1 TRADING
1.1 AUTHORIZATION TO TRADE.
1. Subject to the terms and conditions of this Agreement and acceptance of Customer’s application to open an Account with Bloom Trade Finance, Customer hereby authorizes Bloom Trade Finance to maintain one or more Accounts in Customer’s name and engage in transactions for Customer’s Account in accordance with written or electronic instructions by Customer and its officers, partners, principals, employees or other agents (“Representatives”).
2. Customer will bear the risk of all unauthorized instructions by its Representatives and will indemnify and hold Bloom Trade Finance harmless from all claims, liabilities, losses, damages, fees, costs and expenses relating to or arising from Bloom Trade Finance’s reliance on such instructions, including any improper, unauthorized or fraudulent instructions by the Representatives, except in cases of gross negligence or willful misconduct by Bloom Trade Finance.
3. Unless expressly stated otherwise in writing, all transactions entered into between Bloom Trade Finance and Clients shall be governed by the terms of this Agreement, as amended from time to time (including, without limitation, Bloom Trade Finance’s Risk Disclosures and Trading Policies and Procedures).
2 ACCOUNTS
2.1 ACCOUNT APPROVALS AND MAINTENANCE.
1. Bloom Trade Finance may reject Customer’s application or close Customer’s Account for any reason, at Bloom Trade Finance’s sole and absolute discretion. The management may require Customer to provide Bloom Trade Finance with additional information or documentation in order for Bloom Trade Finance to continue carrying Customer’s Account.
2. Customer acknowledges that Bloom Trade Finance may, at any time in its sole and absolute discretion, restrict trading, disbursements or withdrawals. Bloom Trade Finance may amend, change, revise, add or modify the Agreement at any time. The most current Agreement will be posted to Bloom Trade Finance Website. Customer understands that this Agreement cannot be modified by any verbal statements or written amendments that Customer seeks to make to the Agreement without written acceptance from the General Counsel of Bloom Trade Finance.
3. Restricted Territory: We restrict and reserve the right to restrict future access to all or some parts of the Website and/or Services in respect of certain jurisdictions. You fully understand and agree that we are not liable if the country of your location or residence becomes restricted or blocked.
4. Customer acknowledges and agrees that Accounts are segregated in the Bloom Trade Finance's books and records only, and Customer’s funds are deposited to the acceptable linked wallets with a liquidity provider selected by Bloom Trade Finance in its sole discretion.
2.2 JOINT ACCOUNT OWNERS.
1. If this Account is held by more than one (1) person, all of the joint holders agree to be jointly and severally liable for the obligations assumed in this Agreement.
2. If this Account is held in trust, joint ownership, or partnership, the undersigned hereby agrees to indemnify, defend and hold harmless Bloom Trade Finance for any losses resulting from a breach of any fiduciary duty of the undersigned to the other holders and beneficiaries of this Account.
3. Further, any one or more of the joint owners shall have full authority for the Account and risk of the Account owners, to buy, sell, and trade in transactions of off-exchange products, to deposit with and withdraw from Bloom Trade Finance, currencies, securities, negotiable instruments, and other property, including withdrawals to or for the individual use or Account of the party directing the sale or of any other party, to receive and acquiesce in the correctness of notices, confirmations, requests, demands and all other forms of communications, and to settle, compromise, adjust, and give releases with respect to any and all claims, demands, disputes, and controversies.
4. Upon death or legal incapacity of any of the undersigned, Bloom Trade Finance is authorized to take such action in regard to the Account, as Bloom Trade Finance may deem advisable to protect itself against any liability, penalty or loss.
5. Customer agrees to notify Bloom Trade Finance immediately upon the death or legal incapacity of any joint owner. Bloom Trade Finance may terminate this Agreement by written notice to any one of the joint owners.
2.3 DEPOSIT REQUIREMENTS.
1. Customer unable to deposit via crypto assets agrees to deposit by immediate wire transfer to any referred agent for immediate purchase as Bloom Trade Finance shall, in its sole discretion, designate.
2.4 ROLLOVERS.
1. Bloom Trade Finance may, in its sole discretion and without notice to Customer, offset Customer’s open positions, roll over Customer’s open positions into the next settlement time period, or make or receive delivery on behalf of Customer upon any terms and by any methods deemed reasonable by Bloom Trade Finance, in its sole discretion.
2. Terms and/or methods for delivering, offsetting, or rolling over Customer’s open positions may differ on a customer-by-customer basis, at Bloom Trade Finance sole discretion.
3. Any positions held in Customer’s Account at 5 PM EST may be rolled over to the next settlement date and the Account may be debited or credited for the interest differential for the rollover period.
2.5 SETTLEMENT DATE OFFSET INSTRUCTIONS.
1. Offset instructions on positions open prior to settlement arriving at settlement date must be given to Bloom Trade Finance at least one to three business days prior to the settlement or value day. Alternatively, sufficient funds to take delivery or the necessary delivery documents must be in the possession of Bloom Trade Finance within the same period described above.
2. If neither instructions, funds nor documents are received, Bloom Trade Finance may without notice, either offset Customer’s position or roll Customer’s positions into the next settlement time period or make or receive delivery on behalf of Customer upon such terms and by such methods deemed reasonable by Bloom Trade Finance in its sole discretion.
2.6 LIQUIDATION OF ACCOUNTS.
In the event of:
1. death or judicial declaration of incompetence of Customer or, in the case of a legal entity, its dissolution or liquidation;
2. filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Customer;
3. filing of an attachment against any of Customer’s Accounts carried by Bloom Trade Finance;
2.7 MANAGED ACCOUNTS.
1. With regard to managed Accounts, an Account manager is a person or entity authorized to make decisions with respect to an Account on behalf of the Account’s beneficial owners, including a trustee, custodian, conservator, guardian, executor, administrator, attorney in fact, or investment advisor or other person to whom Customer has granted trading authority over an Account.
2. Customer understands and agrees that Bloom Trade Finance may, but is not required to, review any action or inaction by an Account Manager with respect to an Account and is not responsible for determining whether an Account Manager’s action or inaction satisfies the standard of care applicable to such Account Manager’s handling of the Account.
3. Customer further understands and agrees that Bloom Trade Finance is not responsible for determining the validity of a person’s or entity’s status or capacity to serve as an Account Manager.
4. Customers agree to settle 5% maintenance fees and 15% commission trade charge after the end of your trading session according to Bloom Trade Finance directives.
3 CUSTOMER REPRESENTATIONS
3.1 GENERAL REPRESENTATIONS AND WARRANTIES.
Customer represents and warrants that:
1. Customer is of sound mind, legal age and legal competence;
2. Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;
3. Execution and delivery of this Agreement and all transactions contemplated hereunder have been duly authorized by Customer and will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer;
4. Each person executing and delivering this Agreement has been duly authorized by Customer to do so;
5. No person other than the Customer has or will have an interest in Customer’s Account;
6. A customer has read and understands the Risk Disclosure Statement, Arbitration Agreement and Trading Policies contained in this Agreement;
7. The customer has conducted simulated trading using different demo trading platform for a period that has allowed the Customer to develop a full understanding of the trading platform;
8. All information provided by Customer to Bloom Trade Finance, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify Bloom Trade Finance promptly of any changes in such information.
9. Customers cannot engage in transactions for purposes of arbitrage or exploitation of temporary inaccuracies or technical discrepancies.
3.2 DISCLOSURE OF FINANCIAL INFORMATION.
1. Customer represents and warrants that the financial information disclosed to Bloom Trade Finance in the Application is an accurate representation of the Customer’s current financial condition.
2. Customer represents and warrants that in determining Customer’s Net Worth, Gross Income, Total Assets and Liabilities were carefully calculated.
3. Customer represents and warrants that in determining the value of Total Assets, the Customer included cash and/or cash equivalents, U.S. Government and Marketable securities, real estate owned (excluding primary residence), the cash value of life insurance and other valuable Assets.
4. Customer represents and warrants that in determining the value of Liabilities, Customer included notes payable to banks (secured and unsecured), notes payable to relatives, real estate mortgages payable (excluding primary residence) and other debts.
5. Customer represents and warrants that Customer has very carefully considered the portion of Customer’s Total Assets which Customer considers to be Risk Capital. Customer recognizes that Risk Capital is the amount of money Customer is willing to put at risk and if lost would not, in any way, change Customer’s lifestyle.
6. Customer agrees to immediately inform Bloom Trade Finance if the Customer’s financial condition changes in such a way as to reduce Customer’s Net Worth and/or Risk Capital.
3.3 CREDIT.
1. Customer authorizes Bloom Trade Finance or agents acting on behalf of Bloom Trade Finance to investigate Customer’s credit standing and in connection therewith to contact such banks, financial institutions and credit agencies as Bloom Trade Finance shall deem appropriate to verify information regarding Customer.
2. Customer further authorizes Bloom Trade Finance to investigate Customer’s current and past investment activity, and in connection therewith, to contact such futures commission merchants, exchanges, broker/dealers, banks, compliance data centers, and any other financial and investment institution as Bloom Trade Finance shall deem appropriate.
3. Upon reasonable request made in writing by Customer to Bloom Trade Finance, Customer shall be allowed to review any records maintained by Bloom Trade Finance relating to Customer’s credit standing.
4. Customer shall also be allowed, at Customer’s sole cost and expense, to copy such records. Customer acknowledges that Customer’s credit score may be impacted when Bloom Trade Finance accesses Customer’s credit file.
5. Customer also acknowledges that Bloom Trade Finance may provide information (e.g. negative Account information of unsecured debts) regarding Customer’s performance under this Agreement to these agencies.
4 ORDER MANAGEMENT
4.1 CANCELLATION AND MODIFICATION REQUESTS.
1. Customer acknowledges that it may not be possible to cancel or modify an order.
2. Customer understands and agrees that, if an order cannot be canceled or modified, Customer is bound by any execution of the original order.
3. Bloom Trade Finance is not liable to Customer if Bloom Trade Finance is unable to cancel or modify an order.
4. Customer further acknowledges that attempts to modify or cancel and replace an order can result in an over the execution of the order or the execution of duplicate orders, that Bloom Trade Finance's systems do not prevent over the execution on duplicate orders from occurring, and that Customer shall be responsible for all such executions.
5. Customer agrees not to assume that any order has been executed or canceled until Customer has received confirmation fromBloom Trade Finance with regard to order execution.
6. Customer is responsible for knowing the status of Customer‘s pending orders before entering additional orders.
7. Customer agrees to contact Bloom Trade Finance in the event Customer is unclear on the status of an order.
8. Customer agrees to regularly review Customer’s online Account Statement to confirm the status of Customer’s orders.
4.2 STATEMENTS AND CONFIRMATION.
1. Reports of the confirmation of orders and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to immediately upon receipt and confirmed in writing within one (1) business day after the execution of the Customer’s order.
2. Bloom Trade Finance will provide Customer access to view Customer’s Account at any time with an online login via the Internet. Bloom Trade Finance will not provide trade confirmation via postal mail.
3. Failure to object shall be deemed ratification of all actions taken by Bloom Trade Finance or its agents prior to Customer’s receipt of said reports.
4. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein.
4.3 CHARGES.
1. Customers shall pay such charges (account maintenance charge, commission trade charge, Brokerage fee.)
2. All such charges shall be paid by Customer as they are incurred, Bot Markets on no condition have access to withdraw the amount of any such charges from Customer’s Account(s).
4.4 DEPOSITS AND WITHDRAWALS.
1. Bot Markets shall neither receive nor disburse Customer’s funds in cash currency or cash equivalents.
2. All withdrawal transactions between Customer and Bloom Trade Finance shall be processed to the successful linked wallets, or other method in which the identities of both the sending and receiving parties can be verified by Bloom Trade Finance and which Bloom Trade Finance, in its sole discretion, shall deem appropriate.
3. Bot Markets shall perform deposit/withdrawal transactions only between Customer’s Bloom Trade Finance Account and another Account which is held in Customer’s name or of which Customer clearly demonstrates ownership to Bloom Trade Finance.
4. In order to prevent money laundering, fraud, and other unauthorized activity, Bloom Trade Finance may limit Customer’s withdrawal options.
5. Bloom Trade Finance Ltd customers can withdraw their funds and benefits after every 28 days of trading session or closure of accounts. To request a complete withdrawal of funds from your account, click on “Withdrawal request” in your Bloom Trade FinancePortal.
6. Please consider that we take 2-5 business days to process your withdrawal request. Once the withdrawal has been approved and sent to the provided wallet address, you simply need to wait for the standard Blockchain confirmations before the funds reflect in the destination wallet. This can take, on average, up to 6 hours. This is 3rd-party technology and is not operated nor in the control of Bloom Trade Finance.
7. Feel free to contact our Customer support if you have any questions.