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INTΞGRITY team

INTΞGRITY team

3 years ago

Terms of Service

(Edited)

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INTΞGRITY team

INTΞGRITY team

3 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

The Secret Developer

3 years ago

What Elon Musk's Take on Bitcoin Teaches Us

Photo by Thought Catalog on Unsplash

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.

You might also like

Jonathan Vanian

Jonathan Vanian

4 years ago

What is Terra? Your guide to the hot cryptocurrency

With cryptocurrencies like Bitcoin, Ether, and Dogecoin gyrating in value over the past few months, many people are looking at so-called stablecoins like Terra to invest in because of their more predictable prices.

Terraform Labs, which oversees the Terra cryptocurrency project, has benefited from its rising popularity. The company said recently that investors like Arrington Capital, Lightspeed Venture Partners, and Pantera Capital have pledged $150 million to help it incubate various crypto projects that are connected to Terra.

Terraform Labs and its partners have built apps that operate on the company’s blockchain technology that helps keep a permanent and shared record of the firm’s crypto-related financial transactions.

Here’s what you need to know about Terra and the company behind it.

What is Terra?

Terra is a blockchain project developed by Terraform Labs that powers the startup’s cryptocurrencies and financial apps. These cryptocurrencies include the Terra U.S. Dollar, or UST, that is pegged to the U.S. dollar through an algorithm.

Terra is a stablecoin that is intended to reduce the volatility endemic to cryptocurrencies like Bitcoin. Some stablecoins, like Tether, are pegged to more conventional currencies, like the U.S. dollar, through cash and cash equivalents as opposed to an algorithm and associated reserve token.

To mint new UST tokens, a percentage of another digital token and reserve asset, Luna, is “burned.” If the demand for UST rises with more people using the currency, more Luna will be automatically burned and diverted to a community pool. That balancing act is supposed to help stabilize the price, to a degree.

“Luna directly benefits from the economic growth of the Terra economy, and it suffers from contractions of the Terra coin,” Terraform Labs CEO Do Kwon said.

Each time someone buys something—like an ice cream—using UST, that transaction generates a fee, similar to a credit card transaction. That fee is then distributed to people who own Luna tokens, similar to a stock dividend.

Who leads Terra?

The South Korean firm Terraform Labs was founded in 2018 by Daniel Shin and Kwon, who is now the company’s CEO. Kwon is a 29-year-old former Microsoft employee; Shin now heads the Chai online payment service, a Terra partner. Kwon said many Koreans have used the Chai service to buy goods like movie tickets using Terra cryptocurrency.

Terraform Labs does not make money from transactions using its crypto and instead relies on outside funding to operate, Kwon said. It has raised $57 million in funding from investors like HashKey Digital Asset Group, Divergence Digital Currency Fund, and Huobi Capital, according to deal-tracking service PitchBook. The amount raised is in addition to the latest $150 million funding commitment announced on July 16.

What are Terra’s plans?

Terraform Labs plans to use Terra’s blockchain and its associated cryptocurrencies—including one pegged to the Korean won—to create a digital financial system independent of major banks and fintech-app makers. So far, its main source of growth has been in Korea, where people have bought goods at stores, like coffee, using the Chai payment app that’s built on Terra’s blockchain. Kwon said the company’s associated Mirror trading app is experiencing growth in China and Thailand.

Meanwhile, Kwon said Terraform Labs would use its latest $150 million in funding to invest in groups that build financial apps on Terra’s blockchain. He likened the scouting and investing in other groups as akin to a “Y Combinator demo day type of situation,” a reference to the popular startup pitch event organized by early-stage investor Y Combinator.

The combination of all these Terra-specific financial apps shows that Terraform Labs is “almost creating a kind of bank,” said Ryan Watkins, a senior research analyst at cryptocurrency consultancy Messari.

In addition to cryptocurrencies, Terraform Labs has a number of other projects including the Anchor app, a high-yield savings account for holders of the group’s digital coins. Meanwhile, people can use the firm’s associated Mirror app to create synthetic financial assets that mimic more conventional ones, like “tokenized” representations of corporate stocks. These synthetic assets are supposed to be helpful to people like “a small retail trader in Thailand” who can more easily buy shares and “get some exposure to the upside” of stocks that they otherwise wouldn’t have been able to obtain, Kwon said. But some critics have said the U.S. Securities and Exchange Commission may eventually crack down on synthetic stocks, which are currently unregulated.

What do critics say?

Terra still has a long way to go to catch up to bigger cryptocurrency projects like Ethereum.

Most financial transactions involving Terra-related cryptocurrencies have originated in Korea, where its founders are based. Although Terra is becoming more popular in Korea thanks to rising interest in its partner Chai, it’s too early to say whether Terra-related currencies will gain traction in other countries.

Terra’s blockchain runs on a “limited number of nodes,” said Messari’s Watkins, referring to the computers that help keep the system running. That helps reduce latency that may otherwise slow processing of financial transactions, he said.

But the tradeoff is that Terra is less “decentralized” than other blockchain platforms like Ethereum, which is powered by thousands of interconnected computing nodes worldwide. That could make Terra less appealing to some blockchain purists.

NonConformist

NonConformist

3 years ago

Before 6 AM, read these 6 quotations.

These quotes will change your perspective.

I try to reflect on these quotes daily. Reading it in the morning can affect your day, decisions, and priorities. Let's start.

1. Friedrich Nietzsche once said, "He who has a why to live for can bear almost any how."

What's your life goal?

80% of people don't know why they live or what they want to accomplish in life if you ask them randomly.

Even those with answers may not pursue their why. Without a purpose, life can be dull.

Your why can guide you through difficult times.

Create a life goal. Growing may change your goal. Having a purpose in life prevents feeling lost.

2. Seneca said, "He who fears death will never do anything fit for a man in life."

FAILURE STINKS Yes.

This quote is great if you're afraid to try because of failure. What if I'm not made for it? What will they think if I fail?

This wastes most of our lives. Many people prefer not failing over trying something with a better chance of success, according to studies.

Failure stinks in the short term, but it can transform our lives over time.

3. Two men peered through the bars of their cell windows; one saw mud, the other saw stars. — Dale Carnegie

It’s not what you look at that matters; it’s what you see.

The glass-full-or-empty meme is everywhere. It's hard to be positive when facing adversity.

This is a skill. Positive thinking can change our future.

We should stop complaining about our life and how easy success is for others.

Seductive pessimism. Realize this and start from first principles.

4. “Smart people learn from everything and everyone, average people from their experiences, and stupid people already have all the answers.” — Socrates.

Knowing we're ignorant can be helpful.

Every person and situation teaches you something. You can learn from others' experiences so you don't have to. Analyzing your and others' actions and applying what you learn can be beneficial.

Reading (especially non-fiction or biographies) is a good use of time. Walter Issacson wrote Benjamin Franklin's biography. Ben Franklin's early mistakes and successes helped me in some ways.

Knowing everything leads to disaster. Every incident offers lessons.

5. “We must all suffer one of two things: the pain of discipline or the pain of regret or disappointment.“ — James Rohn

My favorite Jim Rohn quote.

Exercise hurts. Healthy eating can be painful. But they're needed to get in shape. Avoiding pain can ruin our lives.

Always choose progress over hopelessness. Myth: overnight success Everyone who has mastered a craft knows that mastery comes from overcoming laziness.

Turn off your inner critic and start working. Try Can't Hurt Me by David Goggins.

6. “A champion is defined not by their wins, but by how they can recover when they fail.“ — Serena Williams

Have you heard of Traf-o-Data?

Gates and Allen founded Traf-O-Data. After some success, it failed. Traf-o-Data's failure led to Microsoft.

Allen said Traf-O-Data's setback was important for Microsoft's first product a few years later. Traf-O-Data was a business failure, but it helped them understand microprocessors, he wrote in 2017.

“The obstacle in the path becomes the path. Never forget, within every obstacle is an opportunity to improve our condition.” — Ryan Holiday.

Bonus Quotes

More helpful quotes:

“Those who cannot change their minds cannot change anything.” — George Bernard Shaw.

“Do something every day that you don’t want to do; this is the golden rule for acquiring the habit of doing your duty without pain.” — Mark Twain.

“Never give up on a dream just because of the time it will take to accomplish it. The time will pass anyway.” — Earl Nightingale.

“A life spent making mistakes is not only more honorable, but more useful than a life spent doing nothing.” — George Bernard Shaw.

“We don’t stop playing because we grow old; we grow old because we stop playing.” — George Bernard Shaw.

Conclusion

Words are powerful. Utilize it. Reading these inspirational quotes will help you.

Nathan Reiff

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:

  1. An investment of money
  2. n a common enterprise
  3. With the expectation of profit
  4. 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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