Terms and conditions | Supplementary terms - Deriv (BVI) Ltd

Table of contents
1. Introduction 3
2. Handling your funds 3
3. Account closure 3
4. Order execution 3
5. Complaints and disputes 4
6. Security and privacy 5

2
Terms and conditions | Supplementary terms - Deriv (BVI) Ltd

1. Introduction
1.1. These supplementary terms and conditions, which form part of our standard terms of use (the “Terms”), may
change from time to time and apply to all clients who have an account with Deriv (BVI) Ltd, licensed under the
Securities and Investment Business Act and Financial Services Commission Act to carry on investment services,
authorised and regulated by British Virgin Islands Financial Services Commission (“BVIFSC”).

1.2. If there are any inconsistencies or deviations between these supplementary terms and conditions and the rest of
the documents on our Terms and conditions page, these supplementary terms and conditions shall prevail. If any
material changes to any of these terms and conditions are made, you will be notified and have the opportunity to
either accept or reject the new terms and conditions.

2. Handling your funds

2.2. We keep your funds in bank accounts that are separate from our operational accounts. In the event of insolvency,
we have loan arrangements between us and our parent company that will always, at minimum, cover any
liabilities owed to clients.

3. Account closure
3.1. You can close your account yourself or ask us to close it for you. However, you can only close your account and
withdraw any pending funds if you do not have any open trade positions and have complied with the requested
Know Your Customer procedures.

3.2. If you do not comply with the Terms, we may close your account upon giving you 7-days notice and, where
appropriate, withhold any funds accumulated in it.

4. Order execution
4.1. Pursuant to our licensing condition, we act as an agent on your behalf when we execute your orders, and we are
not the counterparty to your trades.

4.2. When an order is placed to buy or sell an instrument on your DMT5 account, your order is passed through to a
liquidity provider that provides services to us. We do not undertake any position taking on your trades.

4.3. We conduct proper due diligence on all liquidity providers and ensure that the venues we use are regulated by a
recognised supervisory or regulatory authority.

4.4. Our order execution policy includes a set of procedures that are designed to obtain the best possible execution
result for you. To do so, in addition to the factors set out in the Order execution section in Trading terms, we will
also consider the size and nature of an order. If your orders do not exceed our exposure limits, your account
limits, and the volume limits for the symbol and if you have enough balance in your account, your orders will
generally be accepted. With every trade placed, we have systems in place that automatically carry out a large

3
Terms and conditions | Supplementary terms - Deriv (BVI) Ltd

exposure check. In the event that the new total exposure result would be greater than or equal to 25% of the
eligible capital, the trade will not be placed.

4.5. We are the sole execution venue for all trades on synthetic indices trades on DMT5.

4.6. If we make any material changes to our order execution policy, we shall notify you.

5. Complaints and disputes

5.2. If we have not resolved your complaint to your satisfaction, you can escalate your complaint to the Financial
Commission. In that case, your complaint will go through the following procedure:

5.2.1. Filing complaints

5.2.1.1. You may file a complaint with the Financial Commission up to 45 days after the incident.

5.2.1.2. The Financial Commission has 5 days to acknowledge that your complaint was received and 14
days to answer the complaint through our Internal Dispute Resolution (IDR) procedure.

5.2.1.3. You will be able to file a complaint with the Financial Commission only if you are not satisfied
with our decision or the decision wasn’t made within 14 days.

5.2.2. Investigation phase

5.2.2.1. The Financial Commission will investigate the validity of the complaint within 5 business days.

5.2.2.2. The Head of the Dispute Resolution Committee (DRC) will contact both you and us within 5
business days to obtain all necessary information and see if there is a chance to settle the
complaint during the investigation phase.

5.2.2.3. If no settlement opportunity can be found, the complaint will proceed to the determination
phase to be handled by the DRC.

5.2.3. Determination phase

5.2.3.1. The DRC will make a decision on the complaint (please note that the DRC mentions no
timeframe for announcing its decision).

5.2.3.2. The DRC may request additional information from you or us, who must then provide the
requested information within 7 days.

5.2.4. Awards and orders

5.2.4.1. The decisions made by the DRC are binding on us. DRC decisions are binding on you only if you
accept them.

5.2.4.2. If you agree with a DRC decision, you will need to accept it within 4 weeks. If you do not
respond to the DRC decision within 4 weeks, the complaint is considered closed.

4
Terms and conditions | Supplementary terms - Deriv (BVI) Ltd

5.2.4.3. We must award the settlement within 28 days of when the decision is reached.

5.2.4.4. If the decision is made in our favour, you must provide a release for us within 7 days of when
the decision is made, and the complaint will be considered closed.

5.2.4.5. If you disagree with the DRC’s decision, a response must be provided to the DRC and to us
within 4 weeks, and you can further escalate your complaint to the British Virgin Islands
Financial Services Commission by email to commissioner@bvifsc.vg.

5.2.5. Disclaimer

5.2.5.1. The Financial Commission accepts appeals for 45 days following the date of the incident and
only after the trader has tried to resolve the issue with the company directly.

5.2.6. If your complaint relates to our data processing practices, you can submit a formal complaint to the
Office of the Information Commissioner.

6. Security and privacy

6.1.1. We operate in full compliance with the Data Protection Act, 2021, enacted by the Legislature of the
British Virgin Islands and other applicable data protection laws. These regulatory measures oblige us to
use your personal data according to the principles of fair, lawful, and transparent information processing.

6.1.2. Any processing of personal data undertaken by Deriv (BVI) Ltd. will be in compliance with the present
agreement and the terms of our Security and privacy policy.

6.1.3. We may collect basic tax residence information for the purposes of Common Reporting Standard (CRS)
compliance. The tax information that you may provide will only be disclosed to the authorities who are
legally charged with collecting this information for CRS reporting. We shall disclose your tax information
to them only to the extent that we are legally obliged to. We do not use, disclose, or process this
information in any other way at any time.

6.2. Profiling and categorisation

6.2.1. We reserve the right to use the data that we collect from you and assess to profile you in relation to our
products. We do this manually with the assistance of automated processing. In this way, we shall be able
to provide you with the most appropriate products and services.

6.3. Access to data

6.3.1. If a law or regulation or the order of a court of competent jurisdiction or a governmental or law
enforcement agency requires us to disclose your personal or financial information, we shall promptly
notify you, as deemed appropriate, to give you the opportunity to seek protection for the information for
which disclosure is sought unless we are legally prohibited from doing so. Any such disclosure shall not
be interpreted as a breach of these terms and conditions.

6.4. Transfer of data

6.4.1. We may transfer relevant personal data to any company within Deriv Group Ltd where it is necessary for
the performance of a contract with you related to our services.

5
Terms and conditions | Supplementary terms - Deriv (BVI) Ltd

6.4.2. We may need to transfer your personal data to any of our business associates or payment providers
within or outside of the British Virgin Islands, including countries that might not offer an equivalent level
of protection of personal data for the purpose of processing by third parties.

6.4.3. We may also transfer your data to third parties outside the British Virgin Islands for content delivery
services, customer relationship management services, and communication and marketing services.

6.4.4. In all instances, we take all reasonably necessary steps to ensure your personal data is treated securely
and in accordance with this privacy policy and in compliance with any applicable data protection laws.
These steps may include placing a contractual obligation on third parties to provide adequate data
protection safeguards.

6.5. Data retention

6.5.1. We keep your information for the whole duration of your subscription with us. If you choose to close your
Deriv account, your data will be kept only until our legal and regulatory obligations on data retention are
met. We shall delete your data when the applicable retention period expires. The criteria we use for
determining the retention period for your personal data will be any applicable regulatory requirements or
legal obligations, including tax, financial, and anti-money laundering laws, or to establish or defend
potential legal claims.

6.6. Your rights

6.6.1. You may find below a list of your legal rights regarding your personal data, not all of which may be
applicable to you at any one time:

6.6.1.1. Right of access to your personal data: this enables you to request and receive a copy of all the
personal data we hold about you.

6.6.1.2. Right of rectification: that is to request the correction of any personal data that we hold about
you and are either inaccurate or incomplete.

6.6.1.3. Right to restriction and right to object: you have the right to restrict our processing activities or
to object to the processing of your personal data.

6.6.2. You can make any of the requests set out in the previous clause by contacting us via live chat on our
website.

6.6.3. If you are unhappy with how we handle your personal data, you can file a complaint with us. If you are
not satisfied with the outcome of our internal complaints procedure, or if you consider that your
complaint has not been handled correctly, you may lodge a complaint to the regulator on data
processing practices, as previously explained in more detail in the section entitled Complaints and
disputes.

6.7. Marketing

6.7.1. You have the right to opt out of receiving marketing materials from us. This can be done by either not
providing your consent to receiving marketing materials when opening an account with us or by revoking
it at any point during the period that you hold an account with us. In both cases, we shall not send any
marketing materials to you.

6
Terms and conditions | Supplementary terms - Deriv (BVI) Ltd