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INTΞGRITY team
4 years ago
Privacy Policy
Effective date: August 31, 2022
This Privacy Statement describes how INTΞGRITY ("we," or "us") collects, uses, and discloses your personal information. This Privacy Statement applies when you use our websites, mobile applications, and other online products and services that link to this Privacy Statement (collectively, our "Services"), communicate with our customer care team, interact with us on social media, or otherwise interact with us.
This Privacy Policy may be modified from time to time. If we make modifications, we will update the date at the top of this policy and, in certain instances, we may give you extra notice (such as adding a statement to our website or providing you with a notification). We encourage you to routinely review this Privacy Statement to remain informed about our information practices and available options.
INFORMATION COLLECTION
The Data You Provide to Us
We collect information that you directly supply to us. When you register an account, fill out a form, submit or post material through our Services, contact us via third-party platforms, request customer assistance, or otherwise communicate with us, you provide us with information directly. We may collect your name, display name, username, bio, email address, company information, your published content, including your avatar image, photos, posts, responses, and any other information you voluntarily give.
In certain instances, we may collect the information you submit about third parties. We will use your information to fulfill your request and will not send emails to your contacts unrelated to your request unless they separately opt to receive such communications or connect with us in some other way.
We do not collect payment details via the Services.
Automatically Collected Information When You Communicate with Us
In certain cases, we automatically collect the following information:
We gather data regarding your behavior on our Services, such as your reading history and when you share links, follow users, highlight posts, and like posts.
Device and Usage Information: We gather information about the device and network you use to access our Services, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information regarding your activities on our Services, including access times, pages viewed, links clicked, and the page you visited immediately prior to accessing our Services.
Information Obtained Through Cookies and Comparable Tracking Technologies: We collect information about you through tracking technologies including cookies and web beacons. Cookies are little data files kept on your computer's hard disk or device's memory that assist us in enhancing our Services and your experience, determining which areas and features of our Services are the most popular, and tracking the number of visitors. Web beacons (also known as "pixel tags" or "clear GIFs") are electronic pictures that we employ on our Services and in our communications to assist with cookie delivery, session tracking, and usage analysis. We also partner with third-party analytics providers who use cookies, web beacons, device identifiers, and other technologies to collect information regarding your use of our Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, and links clicked. INTΞGRITY and others may use your information to, among other things, analyze and track data, evaluate the popularity of certain content, present content tailored to your interests on our Services, and better comprehend your online activities. See Your Options for additional information on cookies and how to disable them.
Information Obtained from Outside Sources
We acquire information from external sources. We may collect information about you, for instance, through social networks, accounting service providers, and data analytics service providers. In addition, if you create or log into your INTΞGRITY account via a third-party platform (such as Apple, Facebook, Google, or Twitter), we will have access to certain information from that platform, including your name, lists of friends or followers, birthday, and profile picture, in accordance with the authorization procedures determined by that platform.
We may derive information about you or make assumptions based on the data we gather. We may deduce your location based on your IP address or your reading interests based on your reading history, for instance.
USAGE OF INFORMATION
We use the information we collect to deliver, maintain, and enhance our Services, including publishing and distributing user-generated content, and customizing the posts you see. Additionally, we utilize collected information to: create and administer your INTΞGRITY account;
Send transaction-related information, including confirmations, receipts, and user satisfaction surveys;
Send you technical notices, security alerts, and administrative and support messages;
Respond to your comments and queries and offer support;
Communicate with you about new INTΞGRITY content, goods, services, and features, as well as other news and information that we believe may be of interest to you (see Your Choices for details on how to opt out of these communications at any time);
Monitor and evaluate usage, trends, and activities associated with our Services;
Detect, investigate, and prevent security incidents and other harmful, misleading, fraudulent, or illegal conduct, and safeguard INTΞGRITY’s and others' rights and property;
Comply with our legal and financial requirements; and Carry out any other purpose specified to you at the time the information was obtained.
SHARING OF INFORMATION
We share personal information where required by law or as otherwise specified in this policy:
Personal information is shared with other Service users. If you use our Services to publish content, make comments, or send private messages, for instance, certain information about you, such as your name, photo, bio, and other account information you may supply, as well as information about your activity on our Services, will be available to others (e.g., your followers and who you follow, recent posts, likes, highlights, and responses).
We share personal information with vendors, service providers, and consultants who require access to such information to perform services on our behalf, such as companies that assist us with web hosting, storage, and other infrastructure, analytics, fraud prevention, and security, customer service, communications, and marketing.
We may release personally identifiable information if we think that doing so is in line with or required by any relevant law or legal process, including authorized demands from public authorities to meet national security or law enforcement obligations. If we intend to disclose your personal information in response to a court order, we will provide you with prior notice so that you may contest the disclosure (for example, by seeking court intervention), unless we are prohibited by law or believe that doing so could endanger others or lead to illegal conduct. We shall object to inappropriate legal requests for information regarding users of our Services.
If we believe your actions are inconsistent with our user agreements or policies, if we suspect you have violated the law, or if we believe it is necessary to defend the rights, property, and safety of INTΞGRITY, our users, the public, or others, we may disclose your personal information.
We share personal information with our attorneys and other professional advisers when necessary for obtaining counsel or otherwise protecting and managing our business interests.
We may disclose personal information in conjunction with or during talks for any merger, sale of corporate assets, financing, or purchase of all or part of our business by another firm.
Personal information is transferred between and among INTΞGRITY, its current and future parents, affiliates, subsidiaries, and other companies under common ownership and management.
We will only share your personal information with your permission or at your instruction.
We also disclose aggregated or anonymized data that cannot be used to identify you.
IMPLEMENTATIONS FROM THIRD PARTIES
Some of the content shown on our Services is not hosted by INTΞGRITY. Users are able to publish content hosted by a third party but embedded in our pages ("Embed"). When you interact with an Embed, it can send information to the hosting third party just as if you had visited the hosting third party's website directly. When you load an INTΞGRITY post page with a YouTube video Embed and view the video, for instance, YouTube collects information about your behavior, such as your IP address and how much of the video you watch. INTΞGRITY has no control over the information that third parties acquire via Embeds or what they do with it. This Privacy Statement does not apply to data gathered via Embeds. Before interacting with the Embed, it is recommended that you review the privacy policy of the third party hosting the Embed, which governs any information the Embed gathers.
INFORMATION TRANSFER TO THE UNITED STATES AND OTHER NATIONS
INTΞGRITY’s headquarters are located in the United States, and we have operations and service suppliers in other nations. Therefore, we and our service providers may transmit, store, or access your personal information in jurisdictions that may not provide a similar degree of data protection to your home jurisdiction. For instance, we transfer personal data to Amazon Web Services, one of our service providers that processes personal information on our behalf in numerous data centers throughout the world, including those indicated above. We shall take measures to guarantee that your personal information is adequately protected in the jurisdictions where it is processed.
YOUR SETTINGS
Account Specifics
You can access, modify, delete, and export your account information at any time by login into the Services and visiting the Settings page. Please be aware that if you delete your account, we may preserve certain information on you as needed by law or for our legitimate business purposes.
Cookies
The majority of web browsers accept cookies by default. You can often configure your browser to delete or refuse cookies if you wish. Please be aware that removing or rejecting cookies may impact the accessibility and performance of our services.
Communications
You may opt out of getting certain messages from us, such as digests, newsletters, and activity notifications, by following the instructions contained within those communications or by visiting the Settings page of your account. Even if you opt out, we may still send you emails regarding your account or our ongoing business relationships.
Mobile Push Notifications
We may send push notifications to your mobile device with your permission. You can cancel these messages at any time by modifying your mobile device's notification settings.
YOUR CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act, or "CCPA" (Cal. Civ. Code 1798.100 et seq. ), grants California residents some rights regarding their personal data. If you are a California resident, you are subject to this clause.
We have collected the following categories of personal information over the past year: identifiers, commercial information, internet or other electronic network activity information, and conclusions. Please refer to the section titled "Collection of Information" for specifics regarding the data points we gather and the sorts of sources from which we acquire them. We collect personal information for the business and marketing purposes outlined in the section on Use of Information. In the past 12 months, we have shared the following types of personal information to the following groups of recipients for business purposes:
Category of Personal Information: Identifiers
Categories of Recipients: Analytics Providers, Communication Providers, Custom Service Providers, Fraud Prevention and Security Providers, Infrastructure Providers, Marketing Providers, Payment Processors
Category of Personal Information: Commercial Information
Categories of Recipients: Analytics Providers, Infrastructure Providers, Payment Processors
Category of Personal Information: Internet or Other Electronic Network Activity Information
Categories of Recipients: Analytics Providers, Infrastructure Providers
Category of Personal Information: Inferences
Categories of Recipients: Analytics Providers, Infrastructure Providers
INTΞGRITY does not sell personally identifiable information.
You have the right, subject to certain limitations: (1) to request more information about the categories and specific pieces of personal information we collect, use, and disclose about you; (2) to request the deletion of your personal information; (3) to opt out of any future sales of your personal information; and (4) to not be discriminated against for exercising these rights. You may submit these requests by email to hello@int3grity.com. We shall not treat you differently if you exercise your rights under the CCPA.
If we receive your request from an authorized agent, we may request proof that you have granted the agent a valid power of attorney or that the agent otherwise possesses valid written authorization to submit requests on your behalf. This may involve requiring identity verification. Please contact us if you are an authorized agent wishing to make a request.
ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE
This section applies to you if you are based in the European Economic Area ("EEA"), the United Kingdom, or Switzerland and have specific rights and safeguards regarding the processing of your personal data under relevant law.
Legal Justification for Processing
We will process your personal information based on the following legal grounds:
To fulfill our obligations under our agreement with you (e.g., providing the products and services you requested).
When we have a legitimate interest in processing your personal information to operate our business or to safeguard our legitimate interests, we will do so (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
To meet our legal responsibilities (e.g., to maintain a record of your consents and track those who have opted out of non-administrative communications).
If we have your permission to do so (e.g., when you opt in to receive non-administrative communications from us). When consent is the legal basis for our processing of your personal information, you may at any time withdraw your consent.
Data Retention
We retain the personal information associated with your account so long as your account is active. If you close your account, your account information will be deleted within 14 days. We retain other personal data for as long as is required to fulfill the objectives for which it was obtained and for other legitimate business purposes, such as to meet our legal, regulatory, or other compliance responsibilities.
Data Access Requests
You have the right to request access to the personal data we hold on you and to get your data in a portable format, to request that your personal data be rectified or erased, and to object to or request that we restrict particular processing, subject to certain limitations. To assert your legal rights:
If you sign up for an INTΞGRITY account, you can request an export of your personal information at any time via the Settings website, or by visiting Settings and selecting Account from inside our app.
You can edit the information linked with your account on the Settings website, or by navigating to Settings and then Account in our app, and the Customize Your Interests page.
You may withdraw consent at any time by deleting your account via the Settings page, or by visiting Settings and then selecting Account within our app (except to the extent INTΞGRITY is prevented by law from deleting your information).
You may object to the use of your personal information at any time by contacting hello@int3grity.com.
Questions or Complaints
If we are unable to settle your concern over our processing of personal data, you have the right to file a complaint with the Data Protection Authority in your country. The links below provide access to the contact information for your Data Protection Authority.
For people in the EEA, please visit https://edpb.europa.eu/about-edpb/board/members en.
For persons in the United Kingdom, please visit https://ico.org.uk/global/contact-us.
For people in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html
CONTACT US
Please contact us at hello@int3grity.com if you have any queries regarding this Privacy Statement.

The Secret Developer
4 years ago
What Elon Musk's Take on Bitcoin Teaches Us
Tesla Q2 earnings revealed unethical dealings.
As of end of Q2, we have converted approximately 75% of our Bitcoin purchases into fiat currency
That’s OK then, isn’t it?
Elon Musk, Tesla's CEO, is now untrustworthy.
It’s not about infidelity, it’s about doing the right thing
And what can we learn?
The Opening Remark
Musk tweets on his (and Tesla's) future goals.
Don’t worry, I’m not expecting you to read it.
What's crucial?
Tesla will not be selling any Bitcoin
The Situation as It Develops
2021 Tesla spent $1.5 billion on Bitcoin. In 2022, they sold 75% of the ownership for $946 million.
That’s a little bit of a waste of money, right?
Musk predicted the reverse would happen.
What gives? Why would someone say one thing, then do the polar opposite?
The Justification For Change
Tesla's public. They must follow regulations. When a corporation trades, they must record what happens.
At least this keeps Musk some way in line.
We now understand Musk and Tesla's actions.
Musk claimed that Tesla sold bitcoins to maximize cash given the unpredictability of COVID lockdowns in China.
Tesla may buy Bitcoin in the future, he said.
That’s fine then. He’s not knocking the NFT at least.
Tesla has moved investments into cash due to China lockdowns.
That doesn’t explain the 180° though
Musk's Tweet isn't company policy. Therefore, the CEO's change of heart reflects the organization. Look.
That's okay, since
Leaders alter their positions when circumstances change.
Leaders must adapt to their surroundings. This isn't embarrassing; it's a leadership prerequisite.
Yet
The Man
Someone stated if you're not in the office full-time, you need to explain yourself. He doesn't treat his employees like adults.
This is the individual mentioned in the quote.
If Elon was not happy, you knew it. Things could get nasty
also, He fired his helper for requesting a raise.
This public persona isn't good. Without mentioning his disastrous performances on Twitter (pedo dude) or Joe Rogan. This image sums up the odd Podcast appearance:
Which describes the man.
I wouldn’t trust this guy to feed a cat
What we can discover
When Musk's company bet on Bitcoin, what happened?
Exactly what we would expect
The company's position altered without the CEO's awareness. He seems uncaring.
This article is about how something happened, not what happened. Change of thinking requires contrition.
This situation is about a lack of respect- although you might argue that followers on Twitter don’t deserve any
Tesla fans call the sale a great move.
It's absurd.
As you were, then.
Conclusion
Good luck if you gamble.
When they pay off, congrats!
When wrong, admit it.
You must take chances if you want to succeed.
Risks don't always pay off.
Mr. Musk lacks insight and charisma to combine these two attributes.
I don’t like him, if you hadn’t figured.
It’s probably all of the cheating.
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Thomas Smith
3 years ago
ChatGPT Is Experiencing a Lightbulb Moment
Why breakthrough technologies must be accessible
ChatGPT has exploded. Over 1 million people have used the app, and coding sites like Stack Overflow have banned its answers. It's huge.
I wouldn't have called that as an AI researcher. ChatGPT uses the same GPT-3 technology that's been around for over two years.
More than impressive technology, ChatGPT 3 shows how access makes breakthroughs usable. OpenAI has finally made people realize the power of AI by packaging GPT-3 for normal users.
We think of Thomas Edison as the inventor of the lightbulb, not because he invented it, but because he popularized it.
Going forward, AI companies that make using AI easy will thrive.
Use-case importance
Most modern AI systems use massive language models. These language models are trained on 6,000+ years of human text.
GPT-3 ate 8 billion pages, almost every book, and Wikipedia. It created an AI that can write sea shanties and solve coding problems.
Nothing new. I began beta testing GPT-3 in 2020, but the system's basics date back further.
Tools like GPT-3 are hidden in many apps. Many of the AI writing assistants on this platform are just wrappers around GPT-3.
Lots of online utilitarian text, like restaurant menu summaries or city guides, is written by AI systems like GPT-3. You've probably read GPT-3 without knowing it.
Accessibility
Why is ChatGPT so popular if the technology is old?
ChatGPT makes the technology accessible. Free to use, people can sign up and text with the chatbot daily. ChatGPT isn't revolutionary. It does it in a way normal people can access and be amazed by.
Accessibility isn't easy. OpenAI's Sam Altman tweeted that opening ChatGPT to the public increased computing costs.
Each chat costs "low-digit cents" to process. OpenAI probably spends several hundred thousand dollars a day to keep ChatGPT running, with no immediate business case.
Academic researchers and others who developed GPT-3 couldn't afford it. Without resources to make technology accessible, it can't be used.
Retrospective
This dynamic is old. In the history of science, a researcher with a breakthrough idea was often overshadowed by an entrepreneur or visionary who made it accessible to the public.
We think of Thomas Edison as the inventor of the lightbulb. But really, Vasilij Petrov, Thomas Wright, and Joseph Swan invented the lightbulb. Edison made technology visible and accessible by electrifying public buildings, building power plants, and wiring.
Edison probably lost a ton of money on stunts like building a power plant to light JP Morgan's home, the NYSE, and several newspaper headquarters.
People wanted electric lights once they saw their benefits. By making the technology accessible and visible, Edison unlocked a hugely profitable market.
Similar things are happening in AI. ChatGPT shows that developing breakthrough technology in the lab or on B2B servers won't change the culture.
AI must engage people's imaginations to become mainstream. Before the tech impacts the world, people must play with it and see its revolutionary power.
As the field evolves, companies that make the technology widely available, even at great cost, will succeed.
OpenAI's compute fees are eye-watering. Revolutions are costly.

Dr Mehmet Yildiz
3 years ago
How I train my brain daily for clarity and productivity.
I use a conceptual and practical system I developed decades ago as an example.
Since childhood, I've been interested in the brain-mind connection, so I developed a system using scientific breakthroughs, experiments, and the experiences of successful people in my circles.
This story provides a high-level overview of a custom system to inform and inspire readers. Creating a mind gym was one of my best personal and professional investments.
Such a complex system may not be possible for everyone or appear luxurious at first. However, the process and approach may help you find more accessible and viable solutions.
Visualizing the brain as a muscle, I learned to stimulate it with physical and mental exercises, applying a new mindset and behavioral changes.
My methods and practices may not work for others because we're all different. I focus on the approach's principles and highlights so you can create your own program.
Some create a conceptual and practical system intuitively, and others intellectually. Both worked. I see intellect and intuition as higher selves.
The mental tools I introduce are based on lifestyle changes and can be personalized by anyone, barring physical constraints or underlying health conditions.
Some people can't meditate despite wanting to due to mental constraints. This story lacks exceptions.
People's systems may vary. Many have used my tools successfully. All have scientific backing because their benefits attracted scientists. None are unethical or controversial.
My focus is cognition, which is the neocortex's ability. These practices and tools can affect the limbic and reptilian brain regions.
A previous article discussed brain health's biological aspects. This article focuses on psychology.
Thinking, learning, and remembering are cognitive abilities. Cognitive abilities determine our health and performance.
Cognitive health is the ability to think, concentrate, learn, and remember. Cognitive performance boosting involves various tools and processes. My system and protocols address cognitive health and performance.
As a biological organ, the brain's abilities decline with age, especially if not used regularly. Older people have more neurodegenerative disorders like dementia.
As aging is inevitable, I focus on creating cognitive reserves to remain mentally functional as we age and face mental decline or cognitive impairment.
My protocols focus on neurogenesis, or brain growth and maintenance. Neurons and connections can grow at any age.
Metacognition refers to knowing our cognitive abilities, like thinking about thinking and learning how to learn.
In the following sections, I provide an overview of my system, mental tools, and protocols.
This system summarizes my 50-year career. Some may find it too abstract, so I give examples.
First, explain the system. Section 2 introduces activities. Third, how to measure and maintain mental growth.
1 — Developed a practical mental gym.
The mental gym is a metaphor for the physical fitness gym to improve our mental muscles.
This concept covers brain and mind functionality. Integrated biological and psychological components.
I'll describe my mental gym so my other points make sense. My mental gym has physical and mental tools.
Mindfulness, meditation, visualization, self-conversations, breathing exercises, expressive writing, working in a flow state, reading, music, dance, isometric training, barefoot walking, cold/heat exposure, CBT, and social engagements are regular tools.
Dancing, walking, and thermogenesis are body-related tools. As the brain is part of the body and houses the mind, these tools can affect mental abilities such as attention, focus, memory, task switching, and problem-solving.
Different people may like different tools. I chose these tools based on my needs, goals, and lifestyle. They're just examples. You can choose tools that fit your goals and personality.
2 — Performed tasks regularly.
These tools gave me clarity. They became daily hobbies. Some I did alone, others with others.
Some examples: I meditate daily. Even though my overactive mind made daily meditation difficult at first, I now enjoy it. Meditation three times a day sharpens my mind.
Self-talk is used for self-therapy and creativity. Self-talk was initially difficult, but neurogenesis rewired my brain to make it a habit.
Cold showers, warm baths with Epsom salts, fasting, barefoot walks on the beach or grass, dancing, calisthenics, trampoline hopping, and breathing exercises increase my mental clarity, creativity, and productivity.
These exercises can increase BDNF, which promotes nervous system growth. They improve mental capacity and performance by increasing blood flow and brain oxygenation.
I use weekly and occasional activities like dry saunas, talking with others, and community activities.
These activities stimulate the brain and mind, improving performance and cognitive capacity.
3 — Measured progress, set growth goals.
Measuring progress helps us stay on track. Without data, it's hard to stay motivated. When we face inevitable setbacks, we may abandon our dreams.
I created a daily checklist for a spreadsheet with macros. I tracked how often and long I did each activity.
I measured my progress objectively and subjectively. In the progress spreadsheet, I noted my meditation hours and subjective feelings.
In another column, I used good, moderate, and excellent to get qualitative data. It took time and effort. Later, I started benefiting from this automated structure.
Creating a page for each activity, such as meditation, self-talk, cold showers, walking, expressive writing, personal interactions, etc., gave me empirical data I could analyze, modify, and graph to show progress.
Colored charts showed each area's strengths and weaknesses.
Strengths motivate me to continue them. Identifying weaknesses helped me improve them.
As the system matured, data recording became a habit and took less time. I saw the result immediately because I automated the charts when I entered daily data. Early time investment paid off later.
Mind Gym Benefits, Effective Use, and Progress Measuring
This concept helped me move from comfort to risk. I accept things as they are.
Turnarounds were made. I stopped feeling "Fight-Flight-Freeze" and maintained self-control.
I tamed my overactive amygdala by strengthening my brain. Stress and anxiety decreased. With these shifts, I accepted criticism and turned envy into admiration. Clarity improved.
When the cognitive part of the brain became stronger and the primitive part was tamed, managing thoughts and emotions became easier. My AQ increased. I learned to tolerate people, physical, mental, and emotional obstacles.
Accessing vast information sources in my subconscious mind through an improved RAS allowed me to easily tap into my higher self and recognize flaws in my lower self.
Summary
The brain loves patterns and routines, so habits help. Observing, developing, and monitoring habits mindfully can be beneficial. Mindfulness helps us achieve this goal systematically.
As body and mind are connected, we must consider both when building habits. Consistent and joyful practices can strengthen neurons and neural connections.
Habits help us accomplish more with less effort. Regularly using mental tools and processes can improve our cognitive health and performance as we age.
Creating daily habits to improve cognitive abilities can sharpen our minds and boost our well-being.
Some apps monitor our activities and behavior to help build habits. If you can't replicate my system, try these apps. Some smartwatches and fitness devices include them.
Set aside time each day for mental activities you enjoy. Regular scheduling and practice can strengthen brain regions and form habits. Once you form habits, tasks become easy.
Improving our minds is a lifelong journey. It's easier and more sustainable to increase our efforts daily, weekly, monthly, or annually.
Despite life's ups and downs, many want to remain calm and cheerful.
This valuable skill is unrelated to wealth or fame. It's about our mindset, fueled by our biological and psychological needs.
Here are some lessons I've learned about staying calm and composed despite challenges and setbacks.
1 — Tranquillity starts with observing thoughts and feelings.
2 — Clear the mental clutter and emotional entanglements with conscious breathing and gentle movements.
3 — Accept situations and events as they are with no resistance.
4 — Self-love can lead to loving others and increasing compassion.
5 — Count your blessings and cultivate gratitude.
Clear thinking can bring joy and satisfaction. It's a privilege to wake up with a healthy body and clear mind, ready to connect with others and serve them.
Thank you for reading my perspectives. I wish you a healthy and happy life.
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Nathan Reiff
4 years ago
Howey Test and Cryptocurrencies: 'Every ICO Is a Security'
What Is the Howey Test?
To determine whether a transaction qualifies as a "investment contract" and thus qualifies as a security, the Howey Test refers to the U.S. Supreme Court cass: the Securities Act of 1933 and the Securities Exchange Act of 1934. According to the Howey Test, an investment contract exists when "money is invested in a common enterprise with a reasonable expectation of profits from others' efforts."
The test applies to any contract, scheme, or transaction. The Howey Test helps investors and project backers understand blockchain and digital currency projects. ICOs and certain cryptocurrencies may be found to be "investment contracts" under the test.
Understanding the Howey Test
The Howey Test comes from the 1946 Supreme Court case SEC v. W.J. Howey Co. The Howey Company sold citrus groves to Florida buyers who leased them back to Howey. The company would maintain the groves and sell the fruit for the owners. Both parties benefited. Most buyers had no farming experience and were not required to farm the land.
The SEC intervened because Howey failed to register the transactions. The court ruled that the leaseback agreements were investment contracts.
This established four criteria for determining an investment contract. Investing contract:
- An investment of money
- n a common enterprise
- With the expectation of profit
- To be derived from the efforts of others
In the case of Howey, the buyers saw the transactions as valuable because others provided the labor and expertise. An income stream was obtained by only investing capital. As a result of the Howey Test, the transaction had to be registered with the SEC.
Howey Test and Cryptocurrencies
Bitcoin is notoriously difficult to categorize. Decentralized, they evade regulation in many ways. Regardless, the SEC is looking into digital assets and determining when their sale qualifies as an investment contract.
The SEC claims that selling digital assets meets the "investment of money" test because fiat money or other digital assets are being exchanged. Like the "common enterprise" test.
Whether a digital asset qualifies as an investment contract depends on whether there is a "expectation of profit from others' efforts."
For example, buyers of digital assets may be relying on others' efforts if they expect the project's backers to build and maintain the digital network, rather than a dispersed community of unaffiliated users. Also, if the project's backers create scarcity by burning tokens, the test is met. Another way the "efforts of others" test is met is if the project's backers continue to act in a managerial role.
These are just a few examples given by the SEC. If a project's success is dependent on ongoing support from backers, the buyer of the digital asset is likely relying on "others' efforts."
Special Considerations
If the SEC determines a cryptocurrency token is a security, many issues arise. It means the SEC can decide whether a token can be sold to US investors and forces the project to register.
In 2017, the SEC ruled that selling DAO tokens for Ether violated federal securities laws. Instead of enforcing securities laws, the SEC issued a warning to the cryptocurrency industry.
Due to the Howey Test, most ICOs today are likely inaccessible to US investors. After a year of ICOs, then-SEC Chair Jay Clayton declared them all securities.
SEC Chairman Gensler Agrees With Predecessor: 'Every ICO Is a Security'
Howey Test FAQs
How Do You Determine If Something Is a Security?
The Howey Test determines whether certain transactions are "investment contracts." Securities are transactions that qualify as "investment contracts" under the Securities Act of 1933 and the Securities Exchange Act of 1934.
The Howey Test looks for a "investment of money in a common enterprise with a reasonable expectation of profits from others' efforts." If so, the Securities Act of 1933 and the Securities Exchange Act of 1934 require disclosure and registration.
Why Is Bitcoin Not a Security?
Former SEC Chair Jay Clayton clarified in June 2018 that bitcoin is not a security: "Cryptocurrencies: Replace the dollar, euro, and yen with bitcoin. That type of currency is not a security," said Clayton.
Bitcoin, which has never sought public funding to develop its technology, fails the SEC's Howey Test. However, according to Clayton, ICO tokens are securities.
A Security Defined by the SEC
In the public and private markets, securities are fungible and tradeable financial instruments. The SEC regulates public securities sales.
The Supreme Court defined a security offering in SEC v. W.J. Howey Co. In its judgment, the court defines a security using four criteria:
- An investment contract's existence
- The formation of a common enterprise
- The issuer's profit promise
- Third-party promotion of the offering
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