Terms & Conditions

Introduction

Welcome to Investiva.com, a comprehensive platform for trading Contracts for Difference (CFDs) and managing Crypto investment funds. By accessing and using our services, you agree to be bound by these Terms and Conditions, which govern your use of the website and the services offered.

Service Description

Investiva.com provides a platform for CFD trading across various assets, including but not limited to currencies, commodities, indices, and shares, as well as a dedicated fund for Crypto investments. Our platform is designed to facilitate sophisticated trading strategies and provide market insights to enhance trading outcomes.

User Registration and Accounts

To use our services, you must register and create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Failure to provide accurate information may result in the suspension or termination of your account.

User Obligations and Conduct

As a user, you are responsible for all activities under your account. You agree to use our services lawfully and refrain from any conduct that could damage, disable, or overburden the platform. Prohibited activities include, but are not limited to, unauthorized access to our systems, misuse of passwords, or misuse of any information posted on the site.

Risk Acknowledgment and Disclaimer

Trading CFDs and Crypto investments involve a high level of risk, including the loss of all your capital. You acknowledge that you fully understand these risks and that you are solely responsible for your trading and investment decisions. Investiva.com is not liable for any decision made or action taken by you or others based upon reliance on information or materials sourced through our services.

Account Fees and Charges

Details on any applicable account maintenance, trading, and inactivity fees are outlined in our fee schedule. These fees are subject to change, and users will be notified of any changes through the platform or via email.

Intellectual Property Rights

All content on Investiva.com, including designs, text, graphics, logos, icons, images, and software, is the property of Investiva.com and is protected by intellectual property laws. Unauthorized use may result in legal action.

Limitation of Liability

Investiva.com will not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from your use of the platform or services beyond the total amount of funds deposited in your account.

Modification of Terms

We reserve the right to modify these Terms and Conditions at any time. You will be notified of any changes through our platform or via email. Your continued use of the services following any such modification constitutes your acceptance of the new Terms and Conditions.

Governing Law and Jurisdiction

These terms are governed by the laws of the European Union, and any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of the European Union.

Compliance with ESMA and MiFID II

Investiva.com operates in compliance with ESMA guidelines and MiFID II regulations, ensuring a high level of investor protection and market integrity. We are committed to transparency, fairness, and acting in the best interest of our clients, in line with these regulatory standards.

GDPR Compliance

In line with the General Data Protection Regulation (GDPR), Investiva.com is committed to ensuring the protection and proper handling of personal data of our European Union clients. This includes adherence to principles such as data minimization, right to access, right to rectification, right to erasure, and the right to data portability.

UK Crypto Notice

Please note that cryptocurrency investments in the UK are largely not regulated by the Financial Conduct Authority (FCA). As such, UK residents engaging in cryptocurrency trading should be aware that they do not have the protections offered by the UK's financial services regulatory framework when dealing with unregulated crypto assets.

Privacy Policy

Scope and Consent

This policy applies to all users of Investiva.com, particularly those within the European Union. It outlines our practices regarding the collection, use, storage, and protection of your personal data in compliance with the General Data Protection Regulation (GDPR) and other relevant EU regulations. By using our services, you consent to the processing of your data as described in this policy.

Data Collection

We collect personal data that is necessary for providing our services. This includes but is not limited to, identification details such as your name and ID number, contact information such as email and phone number, financial data including transaction history, and trading activities. We adhere to the principle of data minimization as mandated by the GDPR, ensuring that only data necessary for specific purposes is collected.

Purpose of Data Processing

We process your personal data for the following specific purposes:

• Account Management: To manage your account and provide you with our services.
• Service Provision: To execute transactions and ensure that our services function properly.
• Legal Compliance: To adhere to legal and regulatory requirements, including financial compliance and anti-money laundering regulations.
• Service Improvement: To enhance the functionality and security of our services.

Data processing is based on your consent, the contractual necessity of providing the services you sign up for, and our legitimate interests in operating our business efficiently.

Data Sharing and Disclosure

Your data may be shared with:

• Third-party Service Providers: Entities that provide services such as data processing and IT support.
• Regulatory Authorities: When necessary to comply with legal obligations or to respond to requests from governmental bodies.
• Law Enforcement: When required by law or to protect our rights or the safety of our users.

All third parties are obligated to comply with data protection laws and to manage your data securely.

Data Subject Rights

Under GDPR, you have several rights concerning your personal data, including the right to:

• Access: You can ask for details about the personal data we hold about you.
• Correction: You can request correction of inaccuracies in your data.
• Deletion: You can ask to delete your data where it is no longer necessary for us to retain it.
• Object: You can object to certain types of processing.
• Portability: You can ask to receive your data in a portable format.

These rights can be exercised by contacting our Data Protection Officer at support@investiva.com.

Data Retention and Security

We retain personal data only for as long as necessary to fulfill the purposes outlined in this policy or as long as is required by law. After this period, your data is either irreversibly anonymized or securely destroyed. We employ state-of-the-art security measures to protect your data from unauthorized access, alteration, disclosure, or destruction.

International Data Transfers

When transferring data to countries outside the EU, we ensure that adequate safeguards, such as standard contractual clauses or equivalent mechanisms, are in place to protect your data according to GDPR standards.

Changes to Privacy Policy

We reserve the right to update this policy to reflect changes in legal requirements or our data processing practices. Any significant changes will be communicated through our website and via email to ensure you are aware of what information we collect and how we use it.

Contact Information

For any questions regarding this policy or to exercise your data protection rights, please contact our Data Protection Officer at support@investiva.com.

GDPR Compliance and Oversight

Our Data Protection Officer is responsible for overseeing our data protection strategy and ensuring compliance with GDPR. They are available to address any questions or concerns regarding your data rights or our data protection practices.

Cookies and our cookie policy

Investiva uses cookies to gather information about your access to this website, the Investiva application (Apps), and other services we provide to you. Cookies are small pieces of information that use a unique identification tag and are stored on your device because you are using this website or another service we provide to you.

They enhance your browsing experience in various ways, which include remembering your preference settings, displaying relevant content, and ensuring web pages function as intended. For detailed information on the cookies we use and the purposes for which we use them, see our cookie policy.

When you use this website or other services we provide, you may be able to link to other websites. This Privacy Policy does not apply to those sites. Investiva encourages you to read the privacy policies on such sites.

Account Deletion

Requesting Account Deletion

To request deletion of your account, please follow these steps:

1. Contact Us: Send an email to support@investiva.com from the email address registered with your account. Please include the subject line "Request for Account Deletion."
2. Verification: For your security, we will require you to verify your identity. This process may involve answering security questions or providing documentation to confirm ownership of the account.
3. Confirmation: Once your identity is verified, we will process your request and confirm once your account has been deleted.

Data Deletion and Retention

Upon deletion of your account, we will remove or anonymize your personal data from our active systems as follows:

1. Personal Information: Includes your name, address, email, and contact information, which will be deleted within 30 days of your request, except as noted below.
2. Transactional Records: Due to legal requirements under financial regulations, we are required to retain records of all financial transactions, including trades and deposits, for a minimum of 5 years to comply with anti-money laundering (AML) laws and ESMA guidelines.
3. Support Interactions: Copies of communications with our support team may be retained for 2 years to provide a record of our interactions for legal, regulatory, and service improvement purposes.

Data Retention Exceptions

While we will delete most of your personal information, the following data may be retained or anonymized:

1. Compliance with Legal Obligations: Data necessary for compliance with legal obligations, court orders, or to exercise or defend legal claims will be retained as required by law.
2. Anonymized Data: We may use anonymized or aggregated data for analytical and statistical purposes, which cannot be linked back to you as an individual.

Your Rights

Under GDPR, you have rights related to your personal data, including access, rectification, restriction of processing, and the right to be forgotten. To exercise these rights, or if you have any questions about our data handling practices, please contact our Data Protection Officer at support@investiva.com.

Changes to Our Privacy Policy

Investiva.com reserves the right to update or modify this Privacy Policy at any time to reflect changes in our practices or service offerings or changes in applicable legal or regulatory requirements. Whenever we make significant changes to this policy, we will post a notice on our website and, where appropriate, notify you by email. We encourage you to review this policy periodically to stay informed about how we are protecting the personal data we collect. Your continued use of the service constitutes your agreement to the Privacy Policy and any updates.

How to Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, or if you need to update, delete, or change any personal information we hold, or if you have a complaint, please email us at support@investiva.com.

Anti-Money Laundering (AML) Policy

Commitment

Investiva.com is dedicated to preventing money laundering, terrorist financing, and other financial crimes. We are committed to complying with all applicable AML laws and regulations to ensure our platform remains secure and trusted. Our policy adheres to the standards set by the Financial Action Task Force (FATF), as well as local and international AML regulations.

Customer Identification and Verification (Know Your Customer - KYC)

To prevent misuse of our financial services, we have implemented a stringent Know Your Customer (KYC) process:

• Identity Verification: All customers are required to provide a valid government-issued ID (such as a passport or driver’s license).
• Address Verification: Proof of address must be submitted through recent utility bills, bank statements, or government correspondence.
• Enhanced Due Diligence: Additional information and documentation may be required for high-risk customers or those involved in high-volume transactions. This can include the source of funds, nature of business dealings, and financial health assessments.

Transaction Monitoring

Our transaction monitoring systems are designed to detect and report suspicious activities to ensure compliance with AML regulations:

• Automated Systems: We use advanced algorithms to monitor transactions in real-time for signs of unusual patterns that might indicate money laundering or terrorist financing.
• Manual Review: Transactions flagged by our systems undergo a thorough review by our trained compliance officers.
• Reporting Obligations: We report suspicious activities to relevant authorities in accordance with legal and regulatory requirements, ensuring timely compliance with AML obligations.

ESMA and MiFID II Compliance

Our AML policy is fully aligned with ESMA guidelines and MiFID II regulations, which emphasize the following:

• Transparency: We maintain clear records of all transactions, customer interactions, and compliance checks to ensure transparency and accountability.
• Investor Protection: Our procedures are designed to safeguard investor interests, ensuring that all customer interactions are conducted in a fair and transparent manner.
• Market Integrity: We contribute to the integrity of financial markets by rigorously preventing any form of financial crime or market manipulation.

Training and Awareness

We regularly conduct AML training for our staff to ensure they are aware of the latest AML trends, techniques, and regulatory requirements. This training helps our team identify, assess, and manage money laundering and terrorist financing risks associated with our operations.

Continuous Improvement

Our AML policies and procedures are regularly reviewed and updated to adapt to new threats and changes in legislation. This dynamic approach ensures that our compliance measures are effective and up-to-date.

Know Your Customer (KYC) Policy

Introduction

Our KYC policy is a fundamental component of our compliance framework, underscoring our commitment to preventing fraud, money laundering, and other financial crimes. This policy ensures that we understand and verify the identities of our customers, maintain a secure trading environment, and protect the integrity of our financial transactions.

Customer Due Diligence

Our due diligence process is comprehensive and tailored to the level of risk associated with each customer. This process includes:

• Identity Verification: Customers are required to provide valid government-issued identification (e.g., passport, ID card, or driver’s license). We verify these documents for authenticity.
• Financial Information: We collect information on the financial status of customers, including source of funds, to assess risk and ensure the legitimacy of funds used in transactions.
• Address Verification: Proof of residence is required, which can be verified through utility bills, bank statements, or official government correspondence dated within the last three months.
• Risk Assessment: Based on the information gathered, each customer is classified according to risk level. High-risk customers may undergo enhanced due diligence procedures.

Ongoing Monitoring

To maintain compliance and detect anomalies, we continuously monitor customer activities:

• Transaction Screening: Customer transactions are systematically screened for signs of unusual behavior that might indicate money laundering, terrorism financing, or other illicit activities.
• Account Reviews: Regular reviews of customer accounts are conducted to ensure that the information we hold remains accurate and current. This includes updating customer risk profiles based on their transaction patterns and relationships.
• Alert Systems: Automated systems are in place to alert compliance staff about unusual activity that may require further investigation.

ESMA and MiFID II Adherence

Our KYC procedures align with ESMA guidelines and MiFID II regulations to ensure robust customer due diligence:

• Transparency and Fairness: We operate with transparency and fairness in all customer interactions, ensuring that our practices do not unjustly restrict or enable trading activities.
• Market Abuse Prevention: By verifying the identity and background of our customers, we help prevent market abuse and financial crime, safeguarding the interests of all market participants.
• Regulatory Compliance: Our KYC processes are regularly reviewed and updated to comply with evolving EU financial regulations and standards, ensuring ongoing compliance with ESMA and MiFID II directives.

Training and Compliance

• Employee Training: All relevant employees undergo regular training on KYC processes and the latest regulatory developments to ensure they are equipped to implement these practices effectively.
• Audit and Review: The effectiveness of our KYC policy is periodically audited by internal and external reviewers to ensure compliance with legal obligations and to identify areas for improvement.

Withdrawal Policy

Requesting Withdrawals

Clients can request withdrawals through their account dashboard by submitting a withdrawal request in the designated section. This process includes:

• Submission of Request: Clients must specify the withdrawal amount and select their preferred method (e.g., bank transfer, credit card, digital wallet).
• Verification and Security Checks: Each request undergoes thorough verification and security checks to confirm the client's identity and validate the legitimacy of the transaction, ensuring compliance with our security protocols.

Processing Time

• Standard Processing: Withdrawals are typically processed within [3 to 5 business days], although this may vary depending on the withdrawal method and the specifics of each request.
• Expedited Options: For selected withdrawal methods or for clients with premium account types, expedited processing may be available, subject to applicable fees.

Withdrawal Limits and Unusual Credit Use

To manage risks associated with the unusual use of credit and to prevent potential liquidation risks, specific withdrawal limits are implemented:

• Minimum and Maximum Limits: These are set based on the client’s account type and transaction history, with additional considerations for current market conditions and the client's credit usage.
• Unusual Credit Use: In cases where there is evidence of unusual or risky use of credit, we may impose temporary restrictions on withdrawals. This is to allow sufficient time for the stabilization of funds and to mitigate the risk of liquidation.
• Risk-Based Adjustments: Withdrawal limits may be adjusted dynamically based on a risk assessment, taking into account factors such as volatility in the market, the client’s overall exposure, and recent account activity.

Compliance and Verification

Our compliance with anti-money laundering regulations and efforts to safeguard against fraudulent activities include enhanced scrutiny for:

• Large Withdrawals: For withdrawals that exceed a predetermined threshold, we conduct enhanced due diligence.
• Changes in Withdrawal Methods: Additional verifications are required for changes in withdrawal methods to new accounts or wallets, ensuring these are legitimately owned by the client.