Terms & Conditions

GOONDER APPLICATION TERMS AND CONDITIONS

 

OBJECTIVE

 

The following terms and conditions (“Terms and Conditions”) regulate the download and use of the application GOONDER (“the Application” and/or “Goonder”) which is a service provided by Goonder LLC (“the provider of the service”).

 

The activity developed by the Provider of the Service through the Application is that of proposing investment opportunities generated by an algorithm owned exclusively by Goonder, so that all users can access the market easily. (hereinafter, "the Service").

 

In addition to these Terms and Conditions, other documents and specific conditions that may need to be read and accepted by users may be necessary so that Services can be provided.

 

DESCRIPTION OF SERVICES AND OPERATIONS

 

Goonder is an application designed and directed at users who have little interest in traditional stock market trading. Goonder offers daily the same investment opportunities for all users, filtered upon their preferences. The users will not receive extensive technical analysis about companies, but simple buying and selling signals, which will be accepted or rejected in a simple manner within the application. Its objective is to bring people closer to financial markets. Goonder breaks the barriers that generate information that can be overwhelming to process, and some of the distrust with the financial markets and their opacity and complexity.

 

Goonder is an Application that is easy to use and is supported by complex and evolving algorithms that use not only classical investment parameters, but also non-financial parameters that are facilitated by information provided by the investor. Goonder proposes a certain amount of daily opportunities for its users (“technical signals”) based on the preferences of the user, who has previously selected them during the onboarding process.

 

OPERATIONS

Goonder is a free service with which the user can access to daily technical signals. Goonder offers users two ways to use its app: Real Mode and Virtual Mode.

 

Real Mode: When acting on “real” mode, the user has the possibility of use the technical signals to make investments through one of Goonder’s associated brokers. In case the user wants to go through with these opportunities, he must select which technical signals is he interested in, and the amount he’d like to invest. It is important to highlight that once the user selects the opportunities in the Goonder app, he then exits the app and connects to the broker associated with Goonder, where the user will have to confirm the selected operations and actually place the order. Before placing the order, the Broker will request registration information from the user to confirm that the user is an actual client of the Broker. If the Broker detects that this is a new user, he will be requested to register, fills in the corresponding form, and provides the information necessary for operations. It is the user’s responsibility to read through the general conditions and/or other contracts provided by the Broker as these do not form part of the User—Goonder agreement, but the legal relation between the investor and the Broker. From the moment the user accesses the Broker’s side, the legal and commercial relationship corresponding with the actions the investor carries out is between the Broker and the user, without Goonder’s participation.

 

Under no circumstances does Goonder act on behalf of or in the name of the user. Goonder only issues technical signals which are available to all users and that arrive daily through the Goonder Application.

 

Technical signals provided by Goonder consist of the following information:

 

The in, out, and stop values are values within a certain range. The broker that carries out the operations will do so in the closest possible way to the indicated parameters, within the existing market’s conditions. Placing an order with a broker does not guarantee that it will be executed, as its execution will depend on the liquidity, supply and demand of the stock there is in the market.

 

Virtual Mode: When acting on “Virtual” mode, the user turns his interaction with Goonder into an investment game in which in no case is any of the user’s actual money is invested, only simulated money is. In Virtual Mode the user will select stocks he’d like to purchase, decide on an amount to invest in and, instead of connecting to the Broker’s Application to purchase actual stock, will conduct a simulated purchase of stocks within the application.

 

In Virtual Mode, Goonder reserves itself the right to use the User's nickname to publish its performance in the RANKING section of the app / web.

 

 

COMPANY DESCRIPTIONS IN "WIKI MODE" ARE BASED ON INFORMATION OBTAINED FROM EXTERNAL SOURCES TO THE COMPANIES DESCRIBED, SUCH AS WIKIPEDIA. COMPANY DESCRIPTIONS IN "GOONDER MODE" ARE SATIRICAL AND IN NO CASE SHOULD THEY BE TAKEN AS REAL OR TRUTHFUL INFORMATION ABOUT THE COMPANY DESCRIBED.

 

TECHNICAL REQUIREMENTS

 

 

 

ACCESS TO THE APPLICATION

 

 

INTELLECTUAL AND CULTURAL 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: dpo@goonder.com

What information does GONDER SPAIN, S.L. 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: dpo@goonder.com

The rights of our Users regarding the processing of their personal information with relation to GOONDER are:

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.

Click here 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 SPAIN S.L. 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:

    1. when the accuracy of personal data has been impugned, during the time GOONDER can verify the accuracy thereof;
    2. 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;
    3. 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;
    4. 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 SPAIN, S.L 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 addition, we inform the interested parties that they can contact the Spanish Agency For Protection of Data to obtain additional information about their rights.

We also inform, in the case that consent has been given for a particular purpose, that 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 California 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