Sway Markets

Cookies and Privacy

Information used to verify the Customer’s identity, such as copies of government-issued identification documents like passports, driver’s licenses, and credit reports.

Information Collected by Sway Markets Pty Ltd.: The following categories of nonpublic personal information will be collected by Sway Markets Pty Ltd:; Name, address, assets, bank account information, prior trading experience, etc., provided by the Customer when opening an account or processing a transaction.; Information used to verify the Customer’s identity, such as copies of government-issued identification documents like passports, driver’s licenses, and credit reports.; Withdrawal and deposit forms are examples of information resulting from transactions between the Customer and Sway Markets Pty Ltd or an affiliate of Sway Markets Pty Ltd.; Information derived from the Customer’s navigation and use of the website and online platforms of Sway Markets Pty Ltd, including account trading statements.; Information disclosed by Sway Markets Pty Ltd and the recipients to whom it is disclosed.; Except where required by law, Sway Markets Pty Ltd does not disclose nonpublic personal information about our customers or former customers to any third party. As permitted by law, Sway Markets Pty Ltd may share your information with unaffiliated third parties in order to provide you with financial services. This includes a consumer reporting agency responsible for compiling your credit report.; In addition, as permitted by law, Sway Markets Pty Ltd may provide information to government or regulatory agencies and comply with a legal summons, court order, subpoena, or similar legal process, audit, or investigation. We may also disclose your nonpublic personal information with your permission.; Security and Confidentiality Procedures; Utilizing your private information:; 1.1 In addition to verifying your identity, we may use the personal information we collect for: Considering your applications. Conducting risk assessments. Performing our contractual obligations to you, if any. Managing our relationship with you, including addressing any questions or concerns. Creating and administering your account. Reviewing your ongoing needs. We will provide you with the requested information, goods, and services. The investigation of any complaints made by you. Providing evidence in the event of a dispute or anticipated dispute between us and you. Improving our products and services for customers. Conducting product analysis and development. Detecting or preventing fraud and other criminal activity.; 1.2 If you have agreed to receive updates from us, we may contact you via mail, email, phone, SMS, or other electronic messaging services.; 1.3 Only those personnel who require the information to complete a specific transaction shall be permitted access to the information. To maintain the confidentiality of its customers’ information, Sway Markets Pty Ltd, its employees, and its affiliates must strictly adhere to security practices and procedures. Sway Markets Pty Ltd maintains multiple safeguards in accordance with regulations to protect your private information.; 1.4 Sway Markets Pty Ltd will continue to safeguard the non-public personal information of former customers in the same manner as when they were customers. Former customers will not receive annual privacy notices, unlike continuing customers.; 1.5 Sway Markets Pty Ltd will provide an annual notice of our privacy policy for as long as the customer maintains a Sway Markets Pty Ltd Account. Sway Markets Pty Ltd reserves the right to modify these terms. This policy is always accessible at https://www.SwayMarkets.com.; CONSENTS AND ADDITIONAL CONTRACTS; Accept electronic delivery of confirmations and account statements.; The Customer hereby consents to having the Customer’s account information and trade confirmations accessible via the Internet, as opposed to receiving such information via mail or email, as specified in the Customer Agreement’s “Statements and Confirmations” and “Communications” sections. Permission to Transfer Funds; The Customer agrees that Sway Markets Pty Ltd may, at any time and from time to time, in its sole discretion, apply and transfer from any of the Customer’s accounts with Sway Markets Pty Ltd to any of the Customer’s other accounts, whether held at Sway Markets Pty Ltd or other approved financial institutions, any contracts, currencies, securities, or other property of the Customer held individually or jointly with others to another account.; Agreement To Use Security. The Customer grants Sway Markets Pty Ltd permission to sell, pledge, rehypothecate, assign, invest, commingle, and otherwise use any Collateral held by Sway Markets Pty Ltd, including, but not limited to, using the Contracts as collateral for a loan to Sway Markets Pty Ltd and further trading with the Collateral, as provided in the Customer Agreement (including, but not limited to Paragraph 6 thereof).; This authorization applies to all of the Customer’s accounts with Sway Markets Pty Ltd in the event that the Customer’s account includes more than one Account.; This agreement to Use Collateral shall remain in effect for as long as the Customer’s account with Sway Markets Pty Ltd remains open or as long as the Customer has any obligations to Sway Markets Pty Ltd, pursuant to the Customer Agreement. Social Security / Tax ID Identification Documentation.; The Customer certifies, under penalty of perjury, that (1) the number provided on the Customer Application is the Customer’s correct Social Security or Taxpayer Identification Number and (2) the ownership or beneficiary of the Customer’s account is not subject to backup withholding under Internal Revenue Code section 3406(a)(1)(C).; ARBITRATION AGREEMENT.; Any dispute, claim, or controversy arising out of or relating to the Customer Agreement, the Customer’s account with Sway Markets Pty Ltd, or any other trading between the Customer and Sway Markets Pty Ltd shall be resolved by binding arbitration. American Arbitration Association (“AAA”), within the United States of America (“USA”), in accordance with the AAA arbitration rules in effect at the time the arbitration is initiated, or another appropriate arbitration forum within the United States, may serve as the forum for the arbitration.; If the arbitration forum is located outside of the United States, any dispute between the Customer and Sway Markets Pty Ltd shall be resolved by the AAA’s international division, the International Centre for Dispute Resolution (“ICDR”), in accordance with the International Arbitration Rules in effect at the time the arbitration is initiated.; The arbitrator’s decision shall be final and binding, and it may be entered in any court with jurisdiction. The arbitration shall be conducted unless the forum is not reasonably convenient for the Customer, in which case the arbitrator shall select an alternative forum. Customer and Sway Markets Pty Ltd agree to take all necessary steps and execute all necessary documents to implement arbitration proceedings.; All applicable statutes of limitation apply to any arbitration between the Customer and Sway Markets Pty Ltd. The provisions of this Arbitration Agreement shall survive termination, modification, or expiration of the Customer’s account relationship or the applicable Sway Markets Pty Ltd Customer Agreement or any other relationship between Customer and Sway Markets Pty Ltd. Customer or Sway Markets Pty Ltd may submit the dispute to binding arbitration at any reasonable time, regardless of whether a lawsuit or other proceeding has been initiated.; Neither the Customer nor Sway Markets Pty Ltd shall have the right to join or consolidate disputes by or against others in any arbitration, to include in any arbitration any dispute as a representative or class member, or to act in any arbitration in the public interest or as a private attorney general.; Neither a party nor an arbitrator may disclose the existence, content, or outcome of any arbitration conducted pursuant to this agreement without the prior written consent of both parties, unless required by law.; TRADING RULES AND PROCEDURES; The following Trading Rules and Regulations will outline Sway Markets Pty Ltd’s trading and account opening procedures and policies. All customers must read, comprehend, and comply with these rules and regulations. Sway Markets Pty Ltd reserves the right to modify any rules or regulations at any time and at its sole discretion.; Business Hours:; The normal trading week for Sway Markets Pty Ltd begins on Sunday at 19:00 (7:00 PM EST) and concludes on Friday at 16:00 (2:00 PM EST) (time is subject to change.); Sway Markets Pty Ltd will, to the best of its ability, publish and display a holiday schedule on its website when trading will be suspended.; In the event of a holiday, Sway Markets Pty Ltd will make reasonable efforts to announce the resumption of trading in advance and post the information on its website.; Sway Markets Pty Ltd reserves the right, at its sole discretion, to conduct technical maintenance periods during which electronic trading may be unavailable.; Account and Deposit Information:; Liquidation level: Sway Markets Pty Ltd reserves the right to automatically liquidate the position, and the Customer will be liable for any resulting losses. Sway Markets Pty Ltd reserves the right, at its sole discretion, to modify the Liquidation Level.; The prices offered by Sway Markets Pty Ltd are unrelated to those found elsewhere. Customers acknowledge that the prices reported by Sway Markets Pty Ltd for buying and selling are independent and may differ from prices displayed elsewhere or from other liquidity providers in the interbank due to changes in liquidity from the interbank to Sway Markets Pty Ltd, an unbalanced position or exposure at Sway Markets Pty Ltd, or differing expectations regarding price movements. Sway Markets Pty Ltd anticipates that the prices it offers its customers will be in line with the interbank market in the majority of instances, but does not guarantee or imply that this will always be the case.; Rollover rates for open positions are determined by Sway Markets Pty Ltd and are independent of Interbank market prices found elsewhere. The Customer acknowledges that, when applicable, all existing open positions that remain open past the end of the business day for Sway Markets Pty Ltd, defined as 5:00 PM EST/EDT, are automatically rolled over to the next available Spot Settlement Date at a net debit or credit to the Customer(s) Account based on spot interest rates determined solely by Sway Markets Pty Ltd. Rollover debits and credits are also affected by the number of days required to roll the position. For positions that must be rolled from a spot settlement date of Friday to Monday, the debit or credit will reflect a rollover of three business days, or from Friday to Monday. For Monday-to-Tuesday, Tuesday-to-Wednesday, Wednesday-to-Thursday, and Thursday-to-Friday rollovers, the debit or credit is only for one business day. If Sway Markets Pty Ltd is closed on a holiday, the rollover would take the holiday into account. For instance, if Tuesday is a holiday, Monday rollovers will be for two (2) business days (i.e. from Monday to Wednesday). Due to the fact that rollover debits and credits are determined by the respective short-term spot interest, a large spread can result in a significant debt or credit rollover amount. This spread may result from countries tightening credit conditions to discourage speculators from shorting one trading product versus another, but this is not the only cause. If the original credit or debit amounts are incorrect due to an error or omission, Sway Markets Pty Ltd reserves the right to make adjustments at its sole discretion.; Sweep rates for balances in currencies other than USD are determined by Sway Markets Pty Ltd and may be independent of other Interbank market prices. When open positions are closed and the Profit and Loss is realized, profits calculated in a foreign currency are “swept” into dollars. The Customer acknowledges that neither Sway Markets Pty Ltd nor any of its representatives guarantee the Customer a profit from trading. The Customer further acknowledges that they could sustain the loss of their entire Risk Capital deposited in their Account and that they are financially able to withstand any losses.; Sway Markets Pty Ltd does not guarantee it will be able to execute stop-loss orders, limit orders, or OCO Orders at the Customer Entered Price. Customer acknowledges and agrees that market, liquidity, or other conditions may prevent Sway Markets Pty Ltd from executing customer-specific stop-loss orders, limit orders, or OCO orders at the price specified by the Customer. In some instances, orders will be executed at less favorable prices than those entered and desired by the Customer. The Customer acknowledges and agrees that they remain responsible for trades executed at different levels than their orders, and that Sway Markets Pty Ltd is not liable for failure to do so.; Technology risk is inherent to trading online or through a software application. Although Sway Markets Pty Ltd has invested significant resources developing, testing, configuring, and integrating the Trading Platform and other relevant software and hardware, the Customer acknowledges and agrees that Sway Markets Pty Ltd does not guarantee that the Customer will be able to successfully execute a transaction, monitor their positions, or perform other essential tasks while using the public Internet and other technology from Sway Markets Pty Ltd or a third party. Sway Markets Pty Ltd cannot control, including but not limited to, the routing, Internet connectivity, reliability of customer or Sway Markets Pty Ltd equipment, network connections, or any other technology hardware malfunction caused by Sway Markets Pty Ltd hardware, hardware, and connectivity that comprise the public Internet, or hardware at the Customers location. Although every effort has been made to the contrary, Sway Markets Pty Ltd does not guarantee that the Trading Platform and Associated Back Office and Broker Software Interfaces nor any other code or application, including but not limited to the interface with Sway Markets Pty Ltd liquidity provider(s) or the interface with the escrow Account institution or any other technology application that would fall under the heading software, are error-free and would not result in communications disruptions. Customer acknowledges and agrees that Sway Markets Pty Ltd provides the Trading Platform and Associated Back Office and Broker Software Interfaces “as is,” without any express or implied warranties of merchantability, fitness for a particular purpose, or other warranties.; Trades Done Utilizing chat programs. Sway Markets Pty Ltd may utilize an electronic conversational application or other chat-like applications. This application will be utilized by Sway Markets Pty Ltd to provide customers with an additional means of communicating order information to the Sway Markets Pty Ltd Trading Desk.; The origin of funds. The Customer certifies that he or she has sufficient funds and risk capital available for immediate transfer to support a margin-based brokerage account with Sway Markets Pty Ltd for over-the-counter and/or off-exchange trading products. Customer acknowledges the high degree of risk inherent in trading and releases Sway Markets Pty Ltd from liability. The Customer acknowledges that these funds serve as protection for any of their own customers who may take trading positions resulting in a loss, negative balance, or margin call.; Know Your Customer (KYC) Policy. In order to prevent identity theft, money laundering, financial fraud, and terrorist activity, Know Your Customer (KYC) policies have become increasingly important globally, particularly among banks and other financial institutions. Sway Markets Pty Ltd has a zero-tolerance policy for fraud and is taking every precaution to prevent it. Any fraudulent activity will be recorded, and all associated accounts will be closed immediately. These accounts will be completely emptied.; One can make deposits via wire transfer. Prior to clearing at the bank and posting to the Customer’s trading account, funds are not available for trading.; All bank fees, such as wire transfer fees, will be debited from the Customer’s trading account as they occur.; When a Customer closes an account with instructions to wire the remaining balance, the wire transfer fee will be deducted from the Customer’s Final Account Balance.; Unless otherwise agreed upon, all deposits must be made in U.S. dollars. Customers from foreign countries have the option of converting their foreign currency into U.S. dollars prior to wiring funds to Sway Markets Pty Ltd’s clearing bank, or wiring foreign currencies to our clearing bank, at which point our clearing bank will convert the balances into U.S. dollars at the current exchange rate.; The minimum deposit required to open an account with Sway Markets Pty Ltd is $10.; Sway Markets Pty Ltd will under NO CIRCUMSTANCES accept payment or deposit into an account from anyone other than the person or entity whose name appears on the Account.; Sway Markets Pty Ltd will under NO CIRCUMSTANCES make a payment to a person or entity other than the person or entity whose name appears on the Account.; Under NO CIRCUMSTANCES will Sway Markets Pty Ltd transfer funds from one account to another with different Account Authorization information.; Telephone Orders. The qualified staff at Sway Markets Pty Ltd can execute telephone trade orders from customers. Telephone execution is designed for situations in which trading via the Trading Platform is unavailable due to technical issues with the Customer’s internet connection or in which the Customer has no other connectivity option. This option can only be implemented if the technical issues are unrelated to a general server issue at Sway Markets Pty Ltd. The following steps should be taken for telephone transactions:; a) The Sway Markets Pty Ltd representative will request the Customer’s Username and Account Number, verify that they are identical, and confirm the Customer’s identity.; b) Sway Markets Pty Ltd will request the Customer’s Order after confirmation. (i.e. “What is your Order?”); c) The Client must specify the desired Order Type, Trade Action, Quantity, Trading Product, and Price (if not a Market Order).; PREVENTION:; Using a variety of security measures and fraud controls, Sway Markets Pty Ltd seeks to ensure the integrity of any sensitive data it obtains, such as your account information and the transactions you conduct. To protect your electronic transactions, we require certain information from you, including your preferred deposit method.; When making a deposit, we require the following documents:; A copy of your valid passport’s page containing your signature; Copies of the credit cards utilized for the deposit (the Front side with only the 4 last digits visible, backside with the CVV covered).; A recent utility bill that includes your name and address.; Signed record of all of your online purchases.; If you have any questions, please contact our customer service team at support@swaymarkets.com.; When must I present these documents?; To avoid any delays in processing your transactions, we would greatly appreciate it if you could provide us with all the required documentation as soon as possible. Prior to conducting any cash transactions for your benefit, we must receive all necessary documentation.; In certain instances, we may be required to request these documents prior to authorizing other account activities, such as deposits or trades.; Please note that your pending withdrawals will be cancelled and refunded to your trading account if we do not receive the required documents. This will be communicated to you via our system.; How do I send these documents to you?; Please scan or photograph your documents with a high-resolution digital camera, save the images as jpegs, and then upload them to your Sway Markets Pty Ltd portal.; How do I know that my documents are secure?; Sway Markets Pty Ltd places the utmost importance on document security and treats all documents it receives with the utmost discretion. At every stage of the review procedure, we employ the highest level of encryption to safeguard all files obtained.; We appreciate your assistance in making Sway Markets Pty Ltd a safer trading environment.; ANTI-MONEY LAUNDERING.; Sway Markets Pty Ltd does not tolerate money laundering and is dedicated to combating money launderers. Sway Markets Pty Ltd adheres to the Joint Money Laundering Steering Group’s guidelines. The United Kingdom is a full member of the Financial Action Task Force (FATF), which aims to combat money laundering and terrorism financing. Sway Markets Pty Ltd has implemented measures to prevent money laundering. These policies consist of:; Ensuring that customers have valid identification.; Maintaining identification information records.; Checking client names against lists of known or suspected terrorists to determine that they are not known or suspected terrorists.; Informing clients that their information may be used for identity verification.; Closely monitoring the financial transactions of clients.; Not accepting cash, money orders, transactions with third parties, transfers from exchange houses, or Western Union transfers.; Money laundering occurs when funds from an illegal or criminal activity are moved through the financial system to make it appear as though they originated from legitimate sources.; Typically, money laundering involves three steps:; Initial placement of cash or cash equivalents into the financial system.; Second, funds are transferred or moved to other accounts (e.g., futures accounts) through a series of financial transactions designed to conceal the source of the funds (e.g. executing trades with little or no financial risk or transferring account balances to other accounts).; The funds are then reintroduced into the economy so that they appear to have originated from legitimate sources (e.g. closing a futures account and transferring the funds to a bank account).; Trading accounts can be utilized to launder illegal funds or conceal the true owner of the funds. In particular, a trading account can be used to conduct financial transactions that help conceal the origins of the funds.; As a precaution, Sway Markets Pty Ltd redirects funds withdrawals to the original source of remittance. International Anti-Money Laundering requires financial services institutions to be aware of potential money laundering abuses in customer accounts and to implement a compliance program to deter, detect, and report suspicious activity.; These rules have been established to safeguard Sway Markets Pty Ltd and its customers.; Please contact us at support@swaymarkets.com with any questions or feedback regarding these guidelines.; Legal Restrictions. You acknowledge, without limiting the following provisions, that laws regarding financial contracts vary from country to country and that it is your responsibility to comply with any law, regulation, or guideline in your country of residence regarding your use of the Site. For the avoidance of doubt, the ability to access our Site does not imply that our Services and/or your activities on the Site are legal under the laws, regulations, or directives applicable to your country of residence.; If the Customer has not traded within the past six months, they will be charged a $10 inactivity fee or its equivalent in the alternative currency.; Additionally, the Customer confirms that these funds are free of any liens or debts, are clean and non-criminal in origin, and do not originate from the United States or any country on the Office of Foreign Assets Control (OFAC) List. As such, the Customer agrees to comply with any requests made by Sway Markets Pty Ltd and its representatives for additional documentation.; We take your personal data seriously. In order to comply with various international regulations, as an internal policy, we are required to retain client data for a period of seven (7) years from the date of the relevant action or transaction. This data may include personal information, financial records, and transaction history. We maintain the highest standards of data security and confidentiality during this period and dispose of data responsibly after the retention period has expired.