Legal information

User Agreement

This User Agreement regulates the relationship between SQIF Capital Joint Stock Company (hereinafter referred to as the "Company") and an individual/legal entity that is a user of the Company's services.

1. Terms and definitions

Content means texts, pictures, multimedia files and any other information content.

Partners means persons engaged by the Company to provide services for the creation, operation, expansion of the user base, expansion of functionality and support of services under contracts entered into with the Company, including the maintenance of the Company's operations.

Personal data means data, including biometric data, relating to an identified or identifiable individual, recorded on electronic, paper and/or other physical media, as well as changes and additions thereto in the future.

User means a client and/or potential client using the Service.

Right holder means the Company and/or any third party that has exclusive rights to the delivery of intellectual activity.

Service means services provided by the Company, including website, mobile application and other online resources.

Website means an Internet site: https://sqif.kz, the rights to which are owned by the Company.

User Agreement means this Agreement, other rules and documents that regulate the operation or define the procedure for using the Service, as well as the rights and obligations of the Company, its Partners and the User.

Credentials means the information provided by the User upon registration and/or initial use of the Service, which the Company uses to identify the User, including any subsequent changes or additions thereto.

2. General provisions

2.1. The Company offers the User to use the Service on the terms of this User Agreement.

2.2. The Service may be modified, supplemented, updated, and the form and nature of the functionality may change at any time without prior notice to the User, and therefore its use is offered in the "as is" mode, that is, in the form and scope as provided by the Company at the time the User accesses the Service. The Company has the right, at its sole discretion, to suspend (temporarily or permanently) the provision of support for the Service (or any individual feature within the Service) to all Users in general or to any individual User in particular, without prior notice.

2.3. The Company has the right to restrict or prohibit (temporarily or permanently) the User's access to the Service and/or its functionality in the event that the User breaches ethical standards in relation to both the Company's employees and other Users, or otherwise violates the provisions of this User Agreement.

2.4. If a User has a claim against another User in connection with the latter's use of the Service, the User shall address such claim directly to such User and to resolve the claim independently and without involvement of the Company.

3. Terms of registration in the Service

3.1. The User has the right to use the Service after registering and entering into this User Agreement and any other agreements provided by the Company.

3.4. Use of the Service by the User constitutes the User's unconditional acceptance of the terms of this User Agreement.

3.5. The user is responsible for the accuracy, relevance and completeness of the information provided.

3.6. Upon registration, the user is granted the right to independently create, use and determine the content of his or her personal page for personal, non-commercial purposes.

3.8. The User shall ensure the security of his login credentials and shall not disclose them to third parties. The User is not entitled to transfer his login credentials to third parties or to allow third parties to use his login credentials directly or indirectly to use the Service, with the exception of persons acting on behalf of and in the interests of the User or who have received such login credentials on the basis of agreements with the User.

3.9. Any action performed using the User's credentials is considered an action performed by the User or an authorised person and establishes the User's duties and responsibilities in relation to such actions, including liability for violation of this User Agreement and the legislation of the Republic of Kazakhstan.

3.11. By entering into this User Agreement, for the purposes of providing the User with the ability to use the Service, the ability to develop and improve the functionality of the Service, as well as other purposes set forth in the Privacy Policy, which is attached hereto and forms an integral part of this User Agreement, the User, and if the User is a minor, the User's legal representative, unconditionally grants to the Company consent:

to collect the User's Personal Data from all sources;
to process Personal Data (including by the Company's affiliates and partners) at its sole discretion in any manner that does not conflict with the legislation of the Republic of Kazakhstan;
to transfer, including cross-border, Personal Data to Partners and affiliates;
other rights with respect to Personal Data that may be specified in the Company's Privacy Policy.

3.12. By entering into this User Agreement, the User agrees to receive promotional information from both third parties and the Company. The User understands and agrees that the Company does not control the content of, and is not responsible for, such information, including sites that may be linked to in the relevant materials.

3.13. At the start of the Service, the User may be asked for permission to access certain features of the Service. The User may refuse access, in which case the functionality of the Service may be limited.

4. Rights and obligations of the parties

4.1. The User shall be entitled to:

4.1.1. access the use of the Service after complying with the requirements set out in this User Agreement.

4.1.2. use all the features available in the service.

4.1.3. use the Service only for the purposes and in accordance with the procedure provided for in the User Agreement and not prohibited by the legislation of the Republic of Kazakhstan.

4.2. The User shall undertake to:

4.2.1. use the Service only for its intended purpose;

4.2.2. When downloading Content through the Service, respect the rights of the copyright owners who retain rights in the Content, including by obtaining the consent of the copyright owner to use the Content to the extent necessary. In the event of any breach of this obligation, the User shall be fully responsible for any infringement of the rights of the copyright holder and undertakes to indemnify the Company against any action or claim brought by the copyright holder against the Company and/or to reimburse the Company for any costs incurred in connection therewith.

4.2.5. Inform the Company about unauthorized access to the account profile and/or unauthorized access and/or use of the User's password and login;

4.2.6. Not to post on the Personal Page any information or material (including links thereto) that may infringe the rights and interests of third parties;

4.2.8. Before posting information and materials (including, but not limited to, images of other people, other people's text of various content), assess the legality of their placement in advance;

4.2.9. keep confidential and not disclose to other Users or third parties any personal data (including but not limited to home addresses, telephone numbers, email addresses, passport details, bank details) or information about the private life of other Users or third parties that you have obtained through the use of the Service without their consent;

4.2.10. compensate for any loss or damage caused to the Company, other users, any third party or any copyright holder.

4.3. The Company shall undertake to:

4.3.1. provide the User with access to the Service, in accordance with the terms of this User Agreement;

4.3.2. Not to disclose or transfer information about the User to third parties, except in cases provided for by the current legislation of the Republic of Kazakhstan.

4.4. The Company shall be entitled to:

4.4.1. The Company has the right to send the User information about the operation of the Service by any means, including the posting of information and other messages;

4.4.2. The Company has the right to edit or delete materials and Content if they do not comply with the requirements of the current legislation of the Republic of Kazakhstan and the terms of this User Agreement, harm the Company or third parties;

4.4.3. The Company has the right to collect and use technical data and related information, including, but not limited to, technical data about external devices and the software of the User's device and system. This information is collected on a regular basis in order to facilitate the provision of software updates, technical support and services (if any) related to the Service to the User;

4.4.4. In order to improve and increase the stability of the Service, the Company has the right to collect, store and process statistical and other information about the User's use of the Service.

4.5. The User acknowledges that the Service is subject to intellectual property rights owned by the Company. The Company grants the User a non-exclusive, non-transferable, revocable licence to such rights only to the extent reasonably necessary for the User's personal use of the Service in accordance with this User Agreement. The User is not granted any rights to the Company's trademarks and service marks, which remain the property of the Company and/or its respective affiliates. The Service is software and is provided on an "as is" and "as available" basis and the Company is not responsible for any inability to access or use the Service.

5. Restrictions

5.1. The User is prohibited:

5.1.1. from sending mass advertising, information or other materials to other Users through the Service without their consent;

5.1.2. from publishing through the Service materials containing insulting, defamatory, obscene, pornographic or other materials contrary to moral norms; materials demonstrating or propagating cruelty, terror or violence, insulting human dignity, as well as other materials that do not comply with the legislation of the Republic of Kazakhstan, or links to Internet sites and other resources containing such materials;

5.1.3. from carrying out propaganda or agitation that incites social, racial, national or religious hatred and enmity, war propaganda, discrimination based on social, racial, national, religious, linguistic or other positions;

5.1.4. from posting and/or transmitting through the Service any restricted information (confidential information) if the User is not authorised to do so, or any intentionally false information;

5.1.5. from using any other software (other than the Service itself) and/or hardware to use the functionality of the Service and/or the infrastructure (platform) on which it operates;

5.1.6. from taking any action that may lead to a disproportionately large load on the Service infrastructure or otherwise disrupt the operation of the Service and its infrastructure;

5.1.7. copying, reproducing, modifying, distributing or making available to the public any illegally obtained content or content that requires the prior permission of the copyright holder for further copying, modification, distribution or publication without such permission;

5.1.8. from modifying the service, performing actions aimed at gaining illegal access to information resources, information systems and databases of the company and/or its partners;

5.1.9. from using the Service to conduct lotteries, voting, contests, quizzes, advertising, surveys, unless such activities are conducted by the Company or its partners with its written consent;

5.1.10. from using or relying on the functionality of the Service in case of emergencies, threats to life and health, to protect or safeguard the property of the User and/or third parties;

5.1.11. using the Service from mobile devices that are not certified in accordance with applicable law, as well as from violating the rules for the safe use of relevant mobile devices.

5.2. Any breach of the provisions of clause 5.1 of this User Agreement shall be considered material and shall give the Company the right to unilaterally terminate this User Agreement.

6. Responsibility

6.1. The User shall be responsible for actions performed through the Service in accordance with the current legislation of the Republic of Kazakhstan, including responsibility for the content of the information posted by him/her and violation of the rights of third parties in relation to the information posted through the Service.

6.2. The User shall be responsible for the accuracy of the information provided to the Company during the registration process, including credentials.

6.3. The User shall be responsible for actions related to the Content and his/her content posted and distributed through the Service.

6.4. The Company is not responsible for the content of information provided by users, the use by users of trademarks, logos or other intellectual property of third parties.

6.5. The Company is not responsible for the loss of information by the User, as well as for the distortion of information or loss of messages, content posted by the User through the Service.

6.6. The Company makes no warranties in relation to the Service, in particular the Company does not warrant to the User that:

6.6.1. The service, the benefits and the quality of the service meet the needs and objectives of the user.

6.6.2. Service will be provided continuously, reliably and accurately.

6.6.3. The results obtained through the use of the Service will be accurate, reliable and in line with the User's expectations.

6.7. The User agrees that the Company shall not be liable for any loss, including loss of profit, incurred by the User in connection with the limited availability of the Service, regardless of the reason for the limitation.

6.8. The Company is not responsible for any failure to perform or improper performance of its obligations, including but not limited to (a) acts of force majeure; (b) changes/cancellation of regulatory acts; (c) actions of governmental authorities and third parties; (d) deterioration in the quality of services provided by telecom operators; (e) other reasons beyond the control of the Company.

6.9. In all cases, the Company's liability under this User Agreement shall be limited to the amount of a monthly billing index, except that this limitation shall not apply in the event of death, personal injury or damage to the User's property.

7. Final provisions

7.1. This User Agreement is an accession agreement under the laws of the Republic of Kazakhstan. The terms of this Agreement are independently established by the Company in accordance with the legislation of the Republic of Kazakhstan and are accepted by the User only by acceding to this User Agreement as a whole.

7.2. Any person’s (User’s) use of the Service constitutes acceptance of this User Agreement, the Company’s Privacy Policy, which is an annex to the User Agreement, and all the terms and conditions outlined in these documents.

7.3. This User Agreement comes into effect on the date of the User's registration in accordance with Section 3 of this Agreement and remains valid for the duration of the Company’s provision of the Service to the User, as indicated by the User's registered data in the Company's records. Termination of Service use does not terminate this User Agreement; however, the User may withdraw from this Agreement at any time, including in the event of disagreement with any amendments or additions, by sending a written notice to the Company at the following address: 10th floor, 192/2 Dostyk Ave., Almaty, Republic of Kazakhstan.

7.4. The Company may modify and/or amend this User Agreement by posting an updated version on the Company's website. Such changes and amendments shall be considered accepted by the User either upon clicking the relevant acceptance button within the Service, or after 7 (seven) calendar days from the date of publication, if the User continues to use the Service. The current version of the User Agreement is available on the Company's website at the following link: https://sqif.kz.

7.5. The Company shall have the right to assign its rights and/or obligations under this User Agreement, in whole or in part, to a third party without the User's consent.

7.6. Issues not regulated by this User Agreement shall be resolved in accordance with the legislation of the Republic of Kazakhstan.

7.7. In case of any disputes or disagreements related to the execution of this User Agreement, the User and the Company shall make every effort to resolve them through negotiations between them using the mandatory pre-trial (claim) procedure. If the disputes are not resolved through negotiations, the disputes shall be subject to resolution by the courts at the Company's seat in accordance with the procedure established by the current legislation of the Republic of Kazakhstan.

7.8. This User Agreement is drawn up in the Kazakh, Russian and English languages, which shall have equal legal force. In case of any discrepancy, the Russian version shall prevail.

Appendix to User Agreement

Privacy Policy

This Privacy Policy (hereinafter referred to as the Policy) has been developed by SQIF Capital Joint Stock Company (hereinafter referred to as the Broker) in accordance with the legislation of the Republic of Kazakhstan and internal documents of the Broker and regulates the processing and use of personal and other information that the Broker obtains about the User while using the Broker's current Services.

1. Terms

1.1. The following terms are used in this Policy:

1.1.1. Broker's Services means the SQIF Capital mobile application and the web version of the SQIF Capital application, as well as the corporate website of the Broker https://sqif.kz, which enable the users of the Broker's Services to interact with the Broker within the framework of the concluded Brokerage Services Agreement, as well as without concluding such an agreement, and with the Broker's partners within the framework of agreements concluded between the users and such partners, including the exchange of information and the execution of individual transactions via the Internet or a special application of a mobile device (smartphone, tablet, etc.).

1.1.2. Personal Data means any information relating, directly or indirectly, to an identified or identifiable individual (the "Data Subject").

1.1.3. Processing of personal data means any action (operation) or set of actions (operations) performed with or without the use of automated means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, communication (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

1.1.4. Confidentiality of personal data means mandatory requirement for a broker or any other person who has access to personal data in order to prevent its disclosure without the consent of the data subject or the existence of other legal grounds.

1.1.5. User means a person who has access to the Broker's services via the Internet and uses the Broker's services.

1.1.6. The User's information means the personal information that the User independently provides when using the Broker's services, when creating an account, registering, as well as automatically transmitted data during the use of the Broker's services, including but not limited to: ip address, information about the mobile device from which access is made, etc. When using the Broker's services, the following information may be requested and received:

User information. When creating an account and/or registering, the Broker requests information about the User, such as Individual Identification Number, full name, mobile phone number and data automatically sent by the web server of the Broker's services. The Broker may also request additional information.
Mobile device information. The broker collects information about the mobile network and mobile number. In addition, the device ID and mobile number can be linked to the user's account.
Information on transactions carried out. When transactions with financial instruments and securities are carried out, the Broker collects information: on the time and amount of the transactions carried out, the type of payment method, data on the seller and/or buyer of securities, descriptions of the reason for the transaction, if any, as well as other information related to the execution of the above operations.

2. General provisions

2.1. Access to the use of the Broker's services implies the User's unconditional acceptance of the provisions of this Policy. The Broker guarantees the security of the personal data received from the Users.

2.2. In case of disagreement with the terms of this policy, the user must stop using the Broker's services.

2.3. This Policy has been developed to define the list of data that may be requested from users of the Broker's services and how the Broker and others process such data.

2.4. This Policy also specifies the purposes for which users' personal information may be requested or disclosed.

2.5. Separate agreements with users may specify other purposes for which users' personal information may be requested or disclosed.

2.6. This policy also sets out the basic precautions that users should take to ensure that their personal information remains confidential.

2.7. This policy applies to information obtained by the Broker as a result of users' use of the Broker's services.

2.8. The User is responsible for familiarizing themselves with the current version of the Policy.

3. The information collected and used from Users, purposes of its use

3.1. User information is collected by the Broker in order to increase the User's security when using the Broker's services, to increase the level of operational security, to protect information, to carry out the technical management of the Broker's services, to facilitate the User's transactions, as well as to analyse and improve the operation of the Broker's services, to provide the User with information about the Broker's services and the products offered by the Broker, in other cases for the purposes specified in this Policy or in the terms of use of individual Broker's services.

3.2. The Broker may use the User's personal data for the following purposes:

to identify the User through the Broker's services when interacting with the Broker within the framework of the concluded Brokerage Services Agreement;
to provide the User with access to the Broker's services;
to establish feedback with the User, including sending notifications, inquiries regarding the use of the Broker's services, providing services, processing requests and applications from the User;
to confirm the accuracy and completeness of the personal data provided by the User;
to create an account for execution of securities transactions;
to notify the User about the status of client orders/instructions;
to provide the User with effective customer and technical support in the event of any problems relating to the use of the Broker's services;
to provide the User with updates on the Broker's products, special offers, information on promotions, newsletters and other information on behalf of the Broker;
to provide the User with access to the Broker's Services in order to receive products, updates and services.

4. Conditions of information processing

4.1. When using the User's information, the Broker shall be guided by this Policy, as well as by the requirements of the Law of the Republic of Kazakhstan "On personal data and its protection".

4.2. The processing of the User's personal data will be carried out for an indefinite period of time, in any lawful manner, including in personal data information systems, using automated tools or without the use of such tools.

5. Providing User Information to third parties

5.1. The Broker has the right to exchange User information with its affiliates, partners and other companies associated with the Broker for the purposes specified in Chapter 3 of this Policy, with the exception of information that constitutes a trade secret in the securities market. At the same time, the Broker shall ensure compliance with the legislation of the Republic of Kazakhstan and this Policy regarding User Information by entering into appropriate agreements, which shall ensure that the above-mentioned recipients of information observe the appropriate level of protection.

5.2. The Broker will not disclose the User's information to companies and individuals not affiliated with the Broker, unless the User has given his or her written consent to do so.

5.3. For the Broker to disclose the User's information to companies and individuals not affiliated with the Broker, including other Users, the User's additional consent is required in accordance with the legislation of the Republic of Kazakhstan.

6. Security measures used to maintain the confidentiality of information

6.1. The Broker will take all reasonable steps to ensure the security and protection of User Information from unauthorised access, alteration, disclosure, destruction or other forms of improper use.

6.2. In particular, the Broker will continually improve the methods of data collection, storage and processing, including physical security measures, to prevent unauthorised access to the Broker's systems for the purpose of theft of property, phishing and other types of fraud.

6.3. The broker also restricts the access of employees and contractors to the user's information, provides for strict contractual obligations in the field of confidentiality, for violation of which liability measures and penalties are provided in accordance with the legislation of the Republic of Kazakhstan.

6.4. The User's personal data may be transferred to the authorised state bodies of the Republic of Kazakhstan only on the grounds and in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

6.5. In the event of the loss or disclosure of Users' personal data, the Broker shall promptly notify the User of such loss or disclosure.

6.6. The Broker, together with the User, shall take all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the User's personal data. In order to ensure the safety of the use of the Broker's services, the Broker recommends that the User comply with the following recommendations:

The User must keep account information, such as username and password, secret from third parties;
The User undertakes to inform the Broker immediately of any suspected unauthorised use of his account.

6.7. The User's compliance with the Broker's recommendations allows for maximum security of the information and other data provided to the Broker.

7. Responsibility

7.1. A Broker who has not fulfilled its obligations under this Policy shall be liable for losses incurred by the User in connection with the misuse of personal data in accordance with the legislation of the Republic of Kazakhstan, except for the cases provided for in paragraphs 5.1., 6.4. and 7.2. of this Policy.

7.2. In case of loss or disclosure of Confidential Information, the Broker shall not responsible if this confidential information:

became public domain before its loss or disclosure;
was received from a third party before it was received by the Broker;
was disclosed with the User's consent.

7.3. The Broker is not responsible for third party websites and mobile applications to which the User may click on links available on the Broker's Services, including in search results. Such websites and applications may collect or request other personal information from the User and other actions may be performed.