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Privacy Policy

Our Privacy Policy (“Policy”) below outlines in detail how FxPro Group handles the collection, management and protection of all confidential user information.

Introduction

Your privacy is very important to us. We are committed to protecting and respecting your personal data. This Privacy Policy is addressed to clients and prospective clients and describes what types of personal data we may collect about you prior and during the use of our services, how we use, share, and protect your personal data, as well as your rights regarding its processing and how you can exercise them. Please take a moment to read and understand this policy.

We may make changes to this Policy from time to time and it is important that you check this Policy for any updates. Any personal information we hold will be governed by the current privacy notice at the given time. If we make changes we consider to be important, we will communicate them to you.

Any reference to ‘us’, ‘our’, ‘we’ or ‘FxPro’ in this Policy is a reference to each group company within the FxPro Group as the context requires unless otherwise stated.

Similarly, any reference to ‘you’, ‘your’, ‘yours’ or ‘yourself’ in this privacy notice is a reference to any of our customers and potential customers as the context requires unless otherwise stated.

By accessing our websites, including using any of the communication channels to contact us, we consider that you have read and understood the terms of this Policy and how we process any information you disclose to us including personal data prior to becoming a client. Once you open an account with us you agree that this Policy, including any amendments, will govern how we collect, store, use, share and in any other form process your personal data and your rights during our business relationship and after its termination.

Who are we?

This Policy applies to the processing activities of the following data controller entities within the FxPro group of companies, which are:

• FxPro Financial Services Limited, a company registered in Cyprus and whose registered office is Karyatidon 1, Ypsonas 4193, Limassol and who is registered and regulated by the Cyprus Data Protection Commissioner,
• FxPro UK Limited, a company registered in England and Wales 902 and whose registered office is 13/14 Basinghall Street, London, EC42V 5BQ and who is registered and regulated by the Information Commissioner (Registration number Z1996160),
• FxPro Global Markets Ltd (a company in Bahamas whose registered address is Lyford Manor, Western Road, Lyford Cay, New Providence, N7776, The Bahamas.) and who is registered and regulated by the Bahamas Data Protection Commissioner
• Prime Ash Capital Limited (trading as FxPro) is authorised and regulated as an Investment Dealer by The Financial Services Commission of Mauritius (Licence no: GB21026568). Address - 6 St Denis Street, 1/F River Court, Port Louis 11328

What kind of personal information do we collect and store?

As part of our business, we collect personal data from customers and potential customers, including the following:

• Name, Surname and contact details
• Date of birth and gender
• Information about your income and wealth including details about your assets and liabilities, account balances, trading statements, tax and financial statements
• Profession and employment details
• Location data
• Knowledge and experience in trading, risk tolerance and risk profile
• IP address, device specifications and other information relating to your trading experience
• Bank account, e-wallets and credit card details
• Details of your visits to our Website or our Apps including, but not limited to, traffic data, location data, weblogs and other communication data.
• Records of your transactions and trading behaviour such us products you trade with us, preference for certain types of products and services, historical data of your activity, financial instructions and transactions.

We use cookies to store and collect information about your use of our Website. Cookies are small text files stored by the browser on your equipment’s hard drive. They send information stored on them back to our web server when you access our Website. These cookies enable us to put in place personal settings and load your personal preferences to improve your experience. You can find out more about our cookies on our “Cookies Policy” available on our Website.

We are required by law to verify your identity when you are opening a new account or adding a new signatory to an existing account. Anti-Money Laundering (AML) laws require us to sight and record details of certain documents (i.e. photographic and non-photographic documents) to meet the legal standards. Identification documentation, as required under AML legislation or other legislation relevant to the services we provide to you includes:

• (a) Passport;
• (b) Driver’s licence;
• (c) National identity card (if applicable);
• (d) Utility bills;
• (e) Trust deed (if applicable);
• (f) A credit check on the individual; or
• (g) Other information we consider necessary to our functions and activities.

If you are a corporate client, we are required to collect additional information such as corporate documents of address, shareholders, directors, officers including additional personal information on the Shareholders and Directors. We reserve the right to request any additional information we deem necessary in order to comply with our legal and regulatory requirements

We obtain this information in a number of ways, including directly from you via your use of our services and websites, the account opening applications, our demo sign up forms, webinar sign up forms, or via website cookies and similar tracking technology built into our Websites and Apps, subscribing to news updates and from information provided in the course of our ongoing relationship.

We may also collect information from third parties either through bought-in third party marketing lists, publicly available sources, social media platforms, introducing brokers and affiliates, bankers and credit card processors, subscription-based intelligence databases and other third-party associates. We may also request additional personal information voluntarily for purposes such as market research, surveys, or special promotions. If you choose not to provide required information, we may be unable to offer certain products or services.

We may record any communications, including electronic, by telephone, in person or otherwise, that we have with you in relation to the services we provide to you and our relationship with you. These recordings will be our sole property and will constitute evidence of the communications between us. Such telephone conversations may be recorded without the use of a warning tone or any other further notice.

Further, if you visit any of our offices or premises, we may have CCTV surveillance which will record your image for security and monitoring purposes.

Who may we disclose personal information to?

As part of using your personal information for the purposes set out above, we may disclose your information to:

• Affiliated entities within the FxPro group who provide financial and other services;
• third party apps providers when you use our apps, communication systems and trading platforms which are provided to us by third parties;
• service providers and specialist advisers who have been contracted to provide us with services such as administrative, legal, IT, analytics and online marketing optimization, financial, regulatory, compliance, insurance, research or other services;
• introducing brokers and affiliates with whom we have a mutual relationship;
• Payment service providers and banks processing your transactions;
• auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes;
• courts, tribunals and applicable regulatory authorities as agreed or authorised by law or our agreement with you
• government bodies and law enforcement agencies where required by law and in response to other legal and regulatory requests;
• any third-party where such disclosure is required in order to enforce or apply our Terms and Conditions of Service or other relevant agreements;
• anyone authorised by you.

We endeavour to disclose only the minimum personal data that is required for these parties to perform their contractual obligations to us. Our third-party service providers are not permitted to share or use personal data we make available to them for any other purpose than to provide services to us.

Our websites or apps may have links to external third-party websites. Please note, however, that third party websites are not covered by this privacy notice and those sites are not subject to our privacy standards and procedures. We encourage you to review the privacy policies of any third-party sites you visit.

When and how do we obtain your consent?

We may process your personal data for one or more lawful bases of processing (“Lawful Basis”) depending on the specific purpose for which we are using your data.

The Lawful basis are the following:

• To perform our contractual obligations towards you
• To comply with the legal and regulatory requirements
• To pursue our legitimate interests

If our use of your personal information does not fall under one of these Lawful basis we require your consent. Such consent shall be freely given by you and you have the right to withdraw your consent at any time by contacting us using the contact details set out in this Policy or by unsubscribing from email lists.

We may use personal data provided by you through our website or otherwise and personal data provided during our business relationship to communicate with you for marketing promotional purposes as well as to provide you with market news and analytical reports. The channels used for such communications may include phone calls, emails, notifications through your online account portal and SMS notifications including push notifications.

You have the right to opt out of these communications by using your online account portal or by sending an email to our DPO, at [email protected] using the registered email address you disclosed to us, in case you do not have access to your online portal account, or one has not been provided to you for any reason.

Management of personal information.

We are committed to safeguarding and protecting personal data. We implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to protect your personal data from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed. To ensure that the processes we follow for the management of personal information comply with this policy and applicable legislation, we have appointed a Data Protection Officer (DPO). If you have any related questions, you may contact our DPO directly at [email protected]

We require third-party organizations, who handle or obtain personal information acknowledge the confidentiality of this information, to undertake to respect any individual’s right to privacy and comply with all relevant data protection laws and this Policy.

Our data protection measures in place include the following:

• training our employees who handle personal information to respect the confidentiality of customer information and the privacy of individuals
• requiring our employees to use passwords and two-factor authentication when accessing our systems;
• implementation of Chinese walls and employees only have access to the personal data required for the purposes of the tasks they handle.
• using data encrypting technologies during data transmission during internet transactions and client access codes transmitted across networks
• employing firewalls, intrusion detection systems and virus scanning tools to protect against unauthorised persons and viruses entering our systems;
• using dedicated secure networks or encryption when we transmit electronic data for purposes of outsourcing;
• practising a clean desk policy in all premises occupied by us and our related bodies corporate and providing secure storage for physical records; and
• employing physical and electronic means such as access cards, cameras and guards to protect against unauthorised access.

How do we store personal information and for how long?

We store personal information using a combination of secure computer storage facilities and paper-based files and other records and take steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.

When we determine that personal information is no longer needed, we will either remove identifying details or securely destroy the records. However, we may need to retain records for an extended period due to legal and regulatory obligations. For example, we are subject to investment services and anti-money laundering laws which require us to retain copies and evidence of the actions taken by us in regard to your identity verification, sources of incomes and wealth, monitoring of your transactions, telephone, chat and email communications, orders and trades history, handling of your complaints and records that can demonstrate that we have acted in line with regulatory code of conduct throughout the business relationship. These records must be maintained for a period of five years after our business relationship with you has ended or even longer if we are asked by our Regulators or if there is another valid reason.

Personal data provided by you as a prospective client during account opening registration in case the registration was never completed or your account opening application was rejected, will be maintained for six months unless there is a regulatory reason requiring us to keep it for a longer period of time.

If you have opted out of marketing communications, we will retain your details on our suppression list to ensure you do not receive such communications.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or Affiliate companies. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

When we transfer your data to other third parties outside the EEA, we may in some cases on data protection agreements or other applicable legal mechanisms to safeguard your information. If you would like a copy of these arrangements, please contact us using the details provided below.

Your rights

Please note that these rights may not apply in all circumstances. You are entitled to:

(a) request access to your personal data (commonly known as a “data subject access request”);

(b) request correction of the personal data that we hold about you;

(c) request erasure of your personal data. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;

(d) object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;

(e) request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• if you want us to establish the data’s accuracy;
• where our use of the data is unlawful, but you do not want us to erase it;
• where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;

(f) request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information (i.e. not to hard copies) which you initially provided consent for us to use or where we used the information to perform a contract with you; and

(g) withdraw consent at any time where we are relying on consent to process your personal data.

If you wish to exercise your rights, please contact us by email at [email protected] using the registered email address you disclosed to us. We may request that you verify your identity prior to processing your request. Erasure requests can also be submitted through your online portal.

We aim to respond to all requests within 1 (one) month. Occasionally, it may take us longer than 1 (one) month if your request is particularly complex or you have made a number of requests. In this case, we will notify you within 1 (one) month of the receipt of your request and keep you updated.

We may charge you a reasonable fee when a request is manifestly unfounded, excessive or repetitive, or we receive a request to provide further copies of the same data. In this case we will send you a fee request which you will have to accept prior to us processing your request. Alternatively, we may refuse to comply with your request in these circumstances.

What if you have a query or a complaint?

If you have a concern about any aspect of our privacy practices or if you wish to exercise your rights, you have the right to contact us to make a query or a complaint by email at [email protected]

We aim to respond to all requests within 1 (one) month. Occasionally, it may take us longer than 1 (one) month if your request is particularly complex or you have made a number of requests. In this case, we will notify you within 1 (one) month of the receipt of your request and keep you updated.

If you are not satisfied with our response to your complaint, you have the right to lodge a complaint with our supervisory authorities, the Information Commissioner’s Office (ICO) if you are a client of FxPro UK Limited, or the Cyprus Data Protection Commissioner if you are a client of any of the remaining FxPro Group entities. Alternatively, you also have the right to lodge a complaint with the data protection authority of your country of residence.

You can find details about how to do this on the following websites:

http://www.dataprotection.gov.cy