AntonKh, в нашей группе в vk я предупредила Вас и ждала аргументов не день или два, а несколько со времени первого сообщения, но согласитесь, терпеть бездоказательные обвинения в своей же группе никто не станет, поэтому сообщения были удалены, когда Ваш тон вышел за рамки позволенного (да если бы и не вышел, это право администратора группы). Я и даже другие члены группы просили предоставить переписку, но Вы долго обещали, а потом отказались это сделать. Вместо этого Вы предоставили свое однобокое видение истории. Для полноты картины сообщу для всех остальных читателей, что в ответ на мои повторения о том, что сотрудники компании не имею права разглашать ни данные счетов, ни переписку с клиентами, Антон в группе продолжал бросать мне вызов и самой предоставить доказательства.
Ольга, в сообщениях в группе ограничения по символам, о чем я Вам сообщил. Вы предложили разбить на части, но я готовил скрины переписки, которые позже собирался выложить. Вы, не дожидаясь этого, удалили переписку. Кроме того, ни по одному из фактов, приведенным мною в группе, Вы не смогли ответить, хотя там не требовалось разглашать какие-либо данные. Как я уже Вам там писал, порядочный и честный брокер сразу же реагирует на проблемы с котировкой и сообщает клиентам, которые могли торговать. Binary этого не сделали, причем после нескольких случаев (указанных Binary) в течение 2-х месяцев, таким образом вывод напрашивается один - когда счет клиента увеличивается, брокер, в данном случае Binaty.com, использует доступные ему возможности по списанию денег клиента. Во всем мире на всех языках это называется воровством.
Здесь же выкладываю переписку:
Binary:
Dear Sir,
This is in reference to the adjustments done to trades which were deemed unfair due to a lag in EURUSD realtime feed on the trading platform. Having analysed our data since Sep 15, 2015 we found that on Sep 17, Oct 2/15/22 and Nov 6/12/13/18, for a period of 15-20 minutes the realtime feed on EURUSD that we received from our vendor was lagging from the actual market rate by about 15-20 seconds. As you are aware, a 15-20 second lag in the feed essentially means trades with tick expiries on the respective instrument are completely risk-free - a situation where the outcome is known even before the trade has been purchased. Considering the fact that we as a broker offer ultra short tick trades, any lag in feed has to be deemed unfair and trades need to be voided. We have hence decided to cancel all affected contracts - done during the time when our feed was lagging behind the FX market.
Having browsed through our Terms & Conditions, you are aware of the case where :
"In the case that any financial contracts are acquired or sold at prices that do not reflect fair market prices or that are acquired or sold at an abnormally low level of risk due to an undetected programming error, bug or glitch in our website software, the Company reserves the right to cancel or reverse such transactions upon notification to the Client of the nature of the computer error that led to the mispricing. Clients have a duty to report to the Company any problems or suspected system inadequacies that they may experience and may not abuse of system problems for profit. The Company will endeavour to resolve any such difficulties in the shortest time possible."
I hope you understand that voiding these contracts (where we have even refunded contracts that you had lost) was a fair call, as otherwise these would have become risk free contracts, defying all market consistencies. We look forward to your continued association and support to us.
Kind regards,
Vladimir
Customer Support
www.binary.com
Мой ответ:
In response to your letter I would like to state the following.
1. As you are well aware, when trading "tick" options I make short-term trades lasting for 10 ticks. Within an extremely short period of time a great number of trades may be made at intervals from 1 second to several seconds. Trade making occurs most frequently in periods of high volatility (during various events affecting the dynamics of the currency market, etc.). Within a few seconds, I need to make a number of trades (at the same time I should watch what is happening at the market and press the corresponding "buttons"), during which it is very difficult to keep track of changes in quotations. For quick making of a trade immediately after pressing "sell" or "buy" I have to close an active window and open a new, so I often do not know the outcome of a trade until I check it later in the "account history".
a) According to the section of Binary.com "Data Feed":
"Our servers apply a tick filtering algorithm. The purpose of this filtering algorithm is to strip the feed of stray ticks. Stray ticks are ticks that manifestly fall outside of the current trading range of the market; such ticks are often due to communication delays with the exchanges or banks that provide quotes, human error, or database problems at any point between the originator of the quote and our servers.
The filtering algorithm is based on a mathematical formula similar to the "Bollinger Bands" volatility system - i.e., short-term volatility bands are determined around the present market value, and ticks that are manifestly outside of such bands are removed."
"Our data feed may at times differ slightly from other data feeds found on the internet (who may themselves differ between each other). Reasons for differences in feed providers include: For forex: The forex market is an OTC (over the counter) market, where banks and other major financial institutions trade currencies amongst themselves without there being any central clearing house. Accordingly, there is no 'official' price source for forex quotes. Different data feeds will contain quotes from a different sub-set of international banks. Accordingly prices may differ between providers, depending on which bank(s) they obtain prices from.
Use of bid/ask prices: when the market is illiquid, the data feed may contain many bid and ask prices, without there actually being any traded price for quite a while. By taking an average of the bid/ask price (i.e. bid + ask, divided by 2), a market quote is generated that reflects the current market, without it actually being a traded price. Our system will generate prices from these bid and ask prices, whereas other websites might not. As a result, our website might display ticks that do not appear in the data feeds of other websites.
Our data feed is designed to be one of the best and most robust available for a trading environment."
b) The section " Order Execution Policy" states the following:
"... when we enter into a Binary Option trade with you (each, a "Contract"), we have a duty to provide you with ‘best execution’. Best execution means that we must take reasonable steps to obtain the best possible result for you when executing an order with you. "
"When we enter into Contracts with you, we will take all reasonable steps to achieve the best possible result for you by executing those Contracts according to our order execution policy and subject to any specific instructions received from you. Our order execution policy comprises a set of procedures that are designed to obtain the best possible execution result for you subject to and taking into account: (a) the nature of your Contracts, (b) the priorities you have identified to us in relation to entering into those Contracts, and (c) the practices relating to the market in question, with the aim of producing a result which provides, in our view, the best balance across a range of sometimes conflicting factors. Our policy cannot provide a guarantee, however, that when entering into Contracts with you, the price will always be better than one which is or might have been available elsewhere."
" In relation to Contracts that you enter into with us, we act as principal and not as agent on your behalf and we therefore act as the sole execution venue for the execution of your Contracts."
" The main way in which we will ensure that you obtain best execution is by ensuring that in our calculation of our bid/offer prices, we pay due consideration to the market price for the underlying reference product to which your Contract relates. We have access to a number of different data sources in order to ascertain the market price, which is our objective view of the bids and offers available to arms' length traders."
Based on the information from the site Binary.com, referred to in subparagraphs a) and b) of paragraph 1 of this letter, as well as on the advertising slogan of Binary.com "
Sharp Prices, Smart Trading", I had no reason to doubt the accuracy of the quotations proposed by Binary.com, and thus fully trusting Binary.com I was making trades without being distracted by the quotation window, and without tracking them. At the same time the above statements of Binary.com give reason to take prices for options generated by Binary.com "as is," because Binary.com itself is their source. Thus for a customer of Binary.com it is not possible to estimate when the price is "fair", and when not, therefore, the implementation of the paragraph "
Clients have a duty to report to the Company any problems or suspected system inadequacies that they may experience and may not abuse of system problems for profit" may be challenging.
In addition, based on the above, the statement of Binary.com that some quote is "fair", and some is not is a purely subjective opinion of an interested party, which is again based on the fact that there is no "single market quote" for the forex market, and especially no "single market price" for the option proposed by the broker. Therefore, it is not clear, in comparison with what the quotation of Binary.com had a delay of 15-20 seconds while Binary.com did not provide appropriate comparisons of the graph of Binary.com and an a “reference” graph which showed a "real market price".
2. Binary.com, based on "
"In the case that any financial contracts are acquired or sold at prices that do not reflect fair market prices or that are acquired or sold at an abnormally low level of risk due to an undetected programming error, bug or glitch in our website software, the Company reserves the right to cancel or reverse such transactions upon notification to the Client of the nature of the computer error that led to the mispricing" from "Terms & Conditions" canceled the trades which Binary.com subjectively considered "unfair" and appropriated all my available money on my account. In this situation Binary.com made the
grossest violation of the abovementioned paragraph of its "Terms & Conditions", where a binding condition is "...
upon notification to the Client of the nature of the computer error that led to the mispricing", which it did not do, because at first Binary.com blocked my account without stating the reasons for this, and in a week deducted all the money from it, and only then provided information about their actions.
If Binary.com would in a timely manner (on 17 of September or nearest days) react at the "
programming error, bug or glitch in our website software", as they claimed
, then I ,
being warned about a possible " error, bug or glitch in our website software " and carefully tracking the quotations coming from Binary.com would not allow the next (Oct 2/15/22 and Nov 6/12/13/18) trades, which would have led to conflict situations.
Despite the "Terms & Conditions", which says that
"... Each financial contract purchased by a Client via this site is an individual agreement between that Client and the Company...", as well as "...
Although the Company has and retains all rights to refuse or to close a Client’s account, the Company does warrant that all contractual obligations already made, shall be honoured" Binary.com cancels the trades made two months and one month ago.
Based on the foregoing, I have to conclude that Binary.com in violation of their own " Terms & Conditions", and also having not responded timely and adequately to the failures in their own trading system which allegedly occurred on the above-mentioned days, created a situation that led to the conflict situation using which Binary.com illegally appropriated all my money available in the account, namely 17,143.97 USD. Therefore, I insist that Binary.com should return me the money that I have earned, in which case I will tell in a positive way about the resolution of this conflict by Binary.com in social networks and specialized forums which will only contribute to the positive image of the company.
At the same time for the sake of justice I may agree with the cancellation of trades carried out immediately before the blocking of my account, namely on November 18 this year.
Otherwise, I will have to warn through thematic forums and social networks the existing and potential customers of Binary.com about possible manipulation of quotations, using which Binary.com can after the expiration of any period of time appropriate all clients’ money, and I also will have to contact the relevant organizations to protect my interests.
Sincerely,
Anton Kharytonov