Terms & Conditions
GOONDER APPLICATION TERMS AND CONDITIONS
OBJECT
These terms and conditions (hereinafter, the "Terms and Conditions") regulate the download and use of the GOONDER Application (hereinafter, "the Application" and / or "Goonder") a service of Goonder LLC (hereinafter, the "Service Provider").
The activity carried out by the Service Provider through the Application is to provide access to the financial markets of the United States to the general public, through the possibility of opening an investment account and offering different investment alternatives on a day-to-day basis, through third parties authorized for this purpose (hereinafter, "the Services").
In addition to these Terms and Conditions, any other documents and particular conditions whose reading and acceptance by the user are necessary for the provision of the Services will apply.
DESCRIPTION AND OPERATION OF THE APP
Goonder offers its users a way as simple and friendly as possible to enter the world of financial investments. To do this, it provides within the application access to the services of its two partners: on the one hand, Bull Market Investment Management Inc., financial advisor registered in Florida, United States (hereinafter, the "Advisor"), which will be responsible for providing investment advice; and on the other, Interactive Brokers LLC (hereinafter, the "Broker"), which will be the entity that provides the custody and execution services of investment operations. With the help of both, Goonder users will not only be able to open an investment account in the United States, but also enjoy the services of a registered advisor to make their investment decisions responsibly.
IMPORTANT: It is the responsibility of the user to carefully read the general conditions and/or contracts provided by both the Broker and the Advisor and that can be found in the registration process of the Application, since they are not part of the relationship between the user and Goonder, but of the legal relationship between the user and the Broker, on the one hand, and between the user and the Advisor, on the other.
The registration process has two phases: the first would be the initial registration in the Application, which is done quickly and easily simply by providing an email; and the second would be the opening of an investment account, which you can access immediately after registering or later, after viewing the daily operation part of the application. It is important to note that both to fully view the contents of the Application and to operate with it, the user must first complete the process of opening the investment account (or, as will be seen below, link an existing investment account with the Broker). The account opening process is carried out in accordance with the requirements of the Broker and the United States regulator, and all the data requested from the user is based on these requirements and regulations. At the end of the process, the Application sends the Broker the user's request for the opening of his account. Alternatively, if the user already had an investment account with Interactive Brokers, at the beginning of the process the Application will simply send the user the relevant instructions to access the Services through the Advisor, then linking the existing account with both Goonder and the Advisor. Once the investment account has been created or linked and approved by the Broker (process that takes between a few hours and two days; while the process lasts the user will see a box in the menu indicating that the account is pending approval), the user must fund it with an initial deposit, a process that can be initiated from the Settings section of the Application.
The daily use of the Application is very simple, and is supported not only by the advice of professionals, but also non-financial parameters based on the information provided by the user and their evolution as an investor. Goonder displays a series of financial assets (Stocks, ETFs and REITs) selected by the Advisor, both individually and grouped into Managed Portfolios or "Collections" (fixed portfolios). Each user will see these assets and portfolios depending on the investment mode chosen, and the preferences and previous experience defined during the initial registration and account opening stage.
Goonder offers users two investment modes in which to use the app: Trader Mode and Relax Mode.
By choosing Trader mode, users will be able to access and invest directly in the collections selected by the Advisor, or create their own*. They will also be able to access and trade a curated list of stocks, ETFs and REITs. Trader Mode is subject to approval by the Broker that the user's profile allows him to open a "margin" account.
By choosing Relax Mode, users will not be able to actively invest in stocks, ETFs and REITs, but they will be able to access and subscribe to the Fixed Collections, and also to a premium product such as Managed Portfolios, in which the Advisor actively and periodically adjusts the composition of the portfolios to the evolution of market conditions. Unlike Trader Mode, Relax Mode only works with "cash" accounts.
The app consists of three sections: Menu, My Portfolio, and Settings.
In the Menu, users will see several blocks with different alternatives in which they can invest. A selection of the components of each block is displayed within the Menu, while the complete list can be accessed by pressing the "View all" button.
In My Portfolio, users will be able to visualize the performance and composition of their portfolio, as well as request in each case the closing of positions or invest more in them.
In Settings, users can change their personal data, their preferences as an investor, the language of the application, and finally access the instructions to deposit or withdraw money in the Broker.
In Trader Mode, the following blocks will be displayed in the Menu:
-On fire!: section highlighting the most significant recent movements of the assets and portfolios selected by the Advisor.
-Collections: fixed portfolios or set of assets in which the Advisor proposes a joint investment, giving each asset a certain weight within the set.
-Stocks: Advisor’s selection of stocks listed on the financial markets of the United States (stocks of companies from other regions such as Europe or Asia that are also listed in the USA are included.)
-ETFs: Advisor’s selection of exchange-traded funds. Typically, the goal of an exchange-traded fund or ETF is to replicate the performance of an index.
-REITs: Advisor’s selection of "Real Estate Investment Trusts" stocks.
In Relax Mode, the following blocks will be displayed in the Menu:
-On fire!: section highlighting the most significant recent movements of the Collections and Managed portfolios selected by the Advisor.
-Collections: fixed portfolios or set of assets in which the Advisor proposes a joint investment, giving each asset a certain weight within the set.
-Managed portfolios: set of assets in which the Advisor proposes a joint investment, giving each asset a certain weight within the set. Unlike the Collections, the components and weights of the Managed portfolios are not fixed, but will be rebalanced periodically by the Advisor, following market conditions.
When entering each of the different blocks (except On fire!) by pressing "View all", users will be able to visualize and sort all the components by different types of information, such as Investor Profile, Most traded, or Today / last week / last month / last year / total performance (in case of portfolios and collections.) It is very important to understand that past performance of any asset, collection or portfolio never guarantees its future performance.
Minimum investment amounts are:
-For individual assets (Stocks, ETFs and REITs): 200 USD
-For collections: 1,000 USD
-For managed portfolios: 5,000 USD
An important point is that, as the Broker allows fractional investments, the investment amounts do not have to be adjusted to the price of each asset so that entire shares must be purchased. For example, users will be able to invest 200 USD in Nvidia, regardless of whether the price of a single share of that company is higher than 200 USD.
In Trader Mode, orders from Goonder will be sent "to market", that is, to be executed immediately by the Broker at the best available price. Usually, market orders are executed very quickly, as the Advisor's asset selection usually has sufficient liquidity in the market. That said, the sending of the order does not guarantee its execution, this execution being based on the supply and demand existing in the official securities markets.
In Relax Mode, users do not send immediate execution orders to the Broker, but subscription requests to the Advisor, to the specific portfolio or collection of their choosing. Such requests will be processed by the Advisor within one business day from the time of their request.
*The functionality "Create your own collection" is not yet active. This and other new features will be deployed in the following months after the official launch of the application.
TECHNICAL REQUIREMENTS
From iOS 13.0 and iPhone 6 or SE onwards; and from Android 8 (Api level 26 - Android Oreo) onwards. Internet connection, camera, allow sending notifications.
ACCESS TO THE APPLICATION
In order to access the Service, it is necessary that the user completes the Application registry form and provides the information requested in the corresponding forms (the information obtained through this process will be protected according the Privacy Policy described below).
The mere registration to the Goonder Application implies acquiring the condition of a user, which means the acceptance of these Terms and Conditions, as well as terms and conditions that could come up on a case by case basis. Access to the Application is free. Goonder does not apply charges of any kind to the user.
Goonder will be able to modify the presentation and configuration of the Application at any time, as well as modify the Terms and Conditions of the Service. Any changes of this kind will be promptly communicated to users through an email using the same address provided in the registration form.
This Application is directed to physical persons who are 18 years of age or older. The Service Provider will be able to stop, suspend or remove at any time and without previous warning, access to the Application to users who do not comply with the current Terms and Conditions and/or any specific norms that may apply. The password chosen by the user to register is an identifying and enabling element necessary to access the Application. It will be non-transferable and unique. The user is obligated to practice due diligence in the conservation and protection of the password, assuming the consequences that could occur from the use of the password by a third party.
The user must use the Application in a diligent manner and in compliance with its Terms and Conditions.
The user is responsible for the usage of the Services accessible through the Application and likewise, will hold the Service Provider harmless due to any complaint, sanction, or lawsuit brought about by a third party as a consequence of the failure to fulfill the Terms and Conditions mentioned and/or the violation of any of the rights by the user during the use of the Application.
The user must provide truthful, exact, complete, and current information and must not use false identities or forge the identity of third parties. Additionally, the user will not introduce or disseminate information that is defamatory, injurious, obscene, threatening, xenophobic, that incites violence or discrimination, or that violates morals and/or public order or content that violates intellectual property rights, third-party industry or company secrets, and any content in general that is does not hold the right to be used by third parties.
The user will not introduce, store, or disseminate any software, data, virus, code, hardware or other electrical or physical device to the Application that could cause damage to the Application.
In case any user or third party considers that there are acts or circumstances that could involve illicit characteristics or that are opposite the Terms and Conditions, or have knowledge about content, activities, or damaging behaviors that go against these or other regulations that could apply or that have damaged their rights or those of a third party, they will be able to report such acts by sending a notice to info@goonder.com. Likewise, Goonder reminds users that the Services have the duty to collaborate with public authorities that require it, and will provide the data of the users of the Application in accordance with the procedures established to this effect.
INTELLECTUAL & INDUSTRIAL PROPERTY
The Service Provider holds all corresponding licenses and/or authorizations for rights and use of the intellectual and industrial property of the Application, its contents, services (including, without limitations, databases, images, photography, drawings, graphics, games, text files, audio, video, and software), including the branding, trademark, brand name or other distinguishing emblem, software, computer programs or databases that form or have been a part of the Application at any time.
Under no circumstances shall it be understood that access to and use of the Application Goonder implies the forfeit, transmission, licensing or transfer of all or part of these rights.
Likewise, the modification, copy, reutilization, utilization, reproduction, public communication, or secondary or subsequent publishing, file uploading, email messaging, transmission, use, processing, or distributing all or part of the contents included in the Goonder Application unless the Service Provider or title holder of the rights explicitly allows it.
CUSTOMER SERVICE
In case of incidents, doubts or questions relating to the Services offered you can contact us through the email info@goonder.com.
PRIVACY POLICY
Your privacy is important to us. We recommend taking a few minutes to read, understand, and, if applicable, accept our Privacy Policy.
This service, as well as the personal information that is collected through it in the Application, are the responsibility of Goonder LLC.
For any doubt, question and/or matters concerning rights to privacy contact: info@goonder.com.
What information does Goonder process?
1.- Information provided by the user:
Name and last name/surname, email, and investment characteristics.
2.- Data that is not directly provided by the user, resulting from the application of algorithms (inferred context information):
It’s true that, increasingly, companies use information that has not been directly provided by the owner of this information. This information, known as “inferred context,” is the information resulting from the application of algorithms to analyze a variety of data, use of the application, interests, etc.
To what purpose does Goonder process Users’ personal information?
Goonder processes information with the following purposes, the established maintenance periods, and the limits of the services provided described below.
1.Managing the Services employed and maintaining a positive contractual relationship.
The rejection of this purpose will result in Goonder's inability to register the contract(s) and to administer the solicited Services.
The personal information provided will be maintained as long as there is a mercantile relationship.
2.- Informing users about opportunities, news, and/or promotions associated with the services described in the Application and proceed to send it through the channels of communication established for this effect and provided to the Service Provider by users.
The rejection of this purpose will result in Goonder's inability to register the contract(s) and to administer the solicited Services.
The personal information provided will be maintained while you do not solicit its elimination and/or for a 12 month period from the most recent confirmation of interest.
3.- To authenticate and authorize the user’s access to our Services.
The rejection of this purpose will result in Goonder's inability to register the contract(s) and to administer the solicited Services.
The personal information provided will be maintained as long as there is a mercantile relationship.
4.- The production of profiles to devise business plans, profitability, and the optimization of Goonder resources.
We inform you that you can limit this purpose by not consenting to it.
The personal information provided will be kept as long as you do not request its elimination and/or a 12 month period has passed since the last confirmation of interest.
What are the rights of users who provide us their information?
If you have any doubts, contact us: info@goonder.com.
The rights of our Users regarding the processing of their personal information with relation to Goonder are:
The right to solicit access to your personal information
The right to request its correction or elimination
The right to solicit the limitation of its processing
The right to oppose to its processing
The right to data portability of the information
What does the right to access consist of?
The User will have the right to obtain confirmation from Goonder about whether or not personal data is being processed that is of interest to them, and the following information: the aims of the data to be processed; the categories of data to be processed; the addressee or type of addressee to which this data has been communicated or will be communicated to; when possible, the expected period during which the data will be maintained, and if not possible, the criteria to be used to determine this period; the existence of the right to solicit the correction, elimination of personal data or the limitation of data processing relating to the user, or to be opposed to said processing from Goonder.
In such cases Goonder will make a copy of the personal data that has been processed available. In addition, when it is solicited through electronic means, the information will be provided through an electronic format that is of common use.
The User will be able to exercise this right every six months, unless there is a legitimate reason to solicit more than once during the six month period.
In case there are solicitations that are overtly unfounded or excessive, especially if they are repetitive, Goonder can charge a fee that compensates the administrative costs of tending to this request or acting accordingly in a way that corresponds to the actual processing of the request.
Goonder will inform about courses of action for the request made within a period of one month (which could extend to two more months if the requests are especially complex, and this will be announced within the first month). If Goonder decides not to tend to a request, this will be communicated with you, and reasons for the decision will be given within a period of one month from when the request was presented.
re to make a request regarding right to access.
What does the right to correction of information consist of?
The user will have the right to obtain the correction of inaccurate personal data that pertains to them from Goonder In addition, keeping the aims of data processing in mind, the user will have the right to complete personal data that is incomplete, even making an additional declaration. For this, in the request you will have to let us know the data to which you refer and what is to be corrected; when it is necessary, you will have to present supporting documentation about the inaccuracy or incomplete character of the data that has been subject to processing.
Click here to request the right to correction.
What does the right to elimination (also known as the “right to digital oblivion”) consist of?
The user will have to right to obtain the elimination of personal data from Goonder when following circumstances occur: if they are not necessary regarding the purpose for which they were gathered or processed; if consent has been removed and the processing is not based on another legal ground; if the user is opposed to processing and there are no longer any legitimate motives for processing; that the data has been processed in an illicit manner, in relation to the direct offer to children, of services from the information society.
When the elimination is derived through the exercise of the right to oppose direct marketing, Goonder may save your identifying information to prevent future processing for direct marketing purposes.
When Goonder has made personal data public and is obligated to eliminate such data, keeping available technology in mind and the cost of its applications, will adopt reasonable measures, including technical measures, with the intention to inform responsible parties that may be processing personal data of the elimination of any link to that personal data, or any other copy or replica of it.
The former will not apply: to exercise the right to freedom of expression and information; for the compliance of a legal obligation that requires data processing, or for the fulfillment of a task that has been completed for public interest or the exercise of public powers that have been given to the person responsible; for reasons concerning the public interest, for scientific or historical investigations, or for the collection of statistics, in case the right to elimination makes it impossible or causes serious obstacles for these objectives; for reasons relating to public interest in the field of public health, and/or for the formulation and exercise or the defense of claims.
Click here to request the right to elimination.
What does the right to limit data processing consist of?
The user will have the right to request the limitation of data processing of their data from Goonder when the following conditions apply:
when the accuracy of personal data has been impugned, during the time Goonder can verify the accuracy thereof; in the event that the processing is illicit and Goonder has objected to the elimination of personal data and seeks a limitation of its use instead; that Goonder no longer needs the personal data for the purpose of data processing, but the User needs it for the formulation, exercise of, or defense of claims; in the event that the User has opposed the data processing, while investigating whether or not the motives of Goonder prevail over those of the user. When the User has obtained the right to limitation of data processing in accordance to this paragraph, they will be informed by Goonder before the lifting of said limitation.
Goonder will communicate any correction or elimination of personal data or limitation of data processing to each addressee that may have been communicated this personal data, unless it is deemed impossible or entails a disproportionate amount of effort. Goonder will inform interested parties about the said addressees if this is requested.
What does the right to data portability consist of?
The User will have the right to receive personal data that concerns them, which they have provided to Goonder, in a structured format, of common use and that is machine-readable, and to transmit it to another person responsible for data processing without Goonder's hampering when: the data processing is consented upon, and is carried out through automated means.
When exercising your right to data portability, you will have the right for the personal data to be transmitted directly from the person(s) responsible when it is technically possible.
The exercise of this right shall be understood as not causing damage to the authorization conceded by the right to elimination.
The right to data portability will not extend to data that Goonder may have inferred through data that has been directly provided through the use of Goonder from the services provided.
What does the right to opposition consist of?
The User will have the right to oppose the processing of data that concerns them at any time, including during the creation of profiles.
In case the User exercises this right, Goonder will stop processing this personal data, unless there are overriding and legitimate reasons for the processing to continue despite the interests, rights and liberties, or for the formulation of the exercise or defense from complaints.
When the data processing of this personal data is meant for direct marketing (a type of publicity that uses one or more methods to communicate directly with an objective public and obtain a measurable response), the user will have the right to oppose to data processing that concerns them, including the creation of profiles as long as this is related with the aforementioned marketing.
When there is opposition to the aims of direct marketing, the personal data will stop being processed for said aims, unless it is necessary to complete a task that is carried out for the public interest.
What rights does the User have regarding automated individual decisions?
Regarding automated individual decisions, including the creation of profiles, the User will have the right not to be subjected to a decision based solely on automated data processing, including the creation of profiles, unless it is necessary for the observance or execution of a contract; it is authorized by law and likewise establishes proper measures to safeguard the rights and liberties and interests thereof, or is based on explicit consent.
In the cases in which it is necessary for the observance or execution of a contract and/or there is consent, Goonder will adopt adequate measures to safeguard the rights and liberties of the User and their legitimate interests, giving them—at least—, the right to obtain human intervention from Goonder, as well as to express their point of view and refute the decision.
Click here to request the exercise the right to elimination.
In the case that consent has been given for a particular purpose the User has the right to withdraw their consent at any time, without having an effect on the lawful data processing that took place during the previous period of consent.
Likewise, we inform the User that they can present a claim to the Supervisory Body in matters of the proper Protection of Data, especially if they are not satisfied with the results obtained after they have exercised their rights.
DURATION
The provision of Services through the Application, in principle, has an indefinite duration. The Service Provider can nevertheless bring Services to an end or suspend them, without damage to what has been decreed with respect to the corresponding Particular Conditions. When this is reasonably possible, you will be warned before the end or suspension of the provision of Services through the Application or through the many modes of contact provided by users as well as through various social channels used by the Service Provider.
JURISDICTION
For any argument that may arise because of the services provided or the interpretation and application of these Terms, both parties are subject to the Delaware law.
In case there is an incident with respect to the provision of Services you can contact us through the following email: info@goonder.com.