This privacy statement covers the website www.forexmart.eu , and any other related websites that are registered and operated by the Company.
This policy notice (hereafter the “Policy”, “Notice”) is addressed to you the Client or prospective Client (hereafter the “you”, “your”) of Instant Trading EU Ltd (hereafter the “Company”, “us”,”our”,”we”). Employees, associates, service providers or any other third party that engages the Company in a business relationship, have their personal information treated as in accordance with the contractual agreement between the Company and that party.
By applying for an account with the Company you consent to the terms stipulated in this policy notice, including any amendments will govern how the Company collects, stores, uses, shares and in any other form process your personal data and your rights during the course or termination of your business relationship with the Company.
As per the relevant sections of the Law 2016/679, if you are a natural person, the Company is the personal data processor and controller of your personal data in relation to the processing activities which your personal data undergo as stated further below.
For the purposes of this statement:
( a ) Personal Data shall mean any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
( b ) Controller shall mean the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
( c ) Processor shall mean a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
Instant Trading EU Ltd, is a Cyprus Investment Firm regulated and authorized by the Cyprus Securities and Exchange Commission (‘CySEC’) under license number 266/15 and registered with the Registrar of Companies in Nicosia under number HE 266937.
The Company’s contact details are:
Address: 23A, Spetson, Leda Court, Block B, Office B203, Mesa Geitonia, CY- 4000 Limassol
Phone(s): Cyprus: +357 25 722 774
We understand the importance of maintaining the confidentiality and privacy of your personal information. By entrusting us with your information, we would like to assure you of our commitment to keep such information private. We have taken measurable steps to protect the confidentiality, security and integrity of your personal information.
As part of the Company’s client account opening procedures and on-going obligations, needs to abide with the legislative framework currently in place with the Cyprus Securities and Exchange Commission (‘CySEC’). Specifically, the Company shall comply with its legal obligations under the AML Law (Law 13(I)/2018), as amended, and the AML Directive (Directive DI144-2007-08 of 2012) for the establishment on the Client’s economic profile and prevention of money-laundering as well as abide with the relevant record keeping obligations under the European Commission Delegated Regulation (EU) 2017/565 (‘Delegated Regulation’) and Law 87(I)/2017 for establishing the suitability and appropriateness of each Client based on the services offered by each CIF and recordings of telephone conversations, client transactions, FATCA and CRS.
The Company based to the above-mentioned, is obliged to request, collect and maintain for at least five (5) years the following:
( a ) Name and Surname
( b ) Date of Birth
( c ) Place of Birth
( d ) Nationality
( e ) Copy of the Passport and/or of the Identity Card
( f ) Utility bill (including the full address of the client)
( g ) Tax Identification Number
( h ) Tax Residence
( i ) Telephone number
( j ) Email
( k ) Employer’s name
( l ) Profession
( m ) Industry of Employment
( n ) Gross Annual Income
( o ) Net Worth
( p ) Anticipated Turnover
( q ) Bank Account Details
We may collect the said information directly from you (during the account opening procedure) and/or from other persons including for example, credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers.
We may also collect your personal information in regard to your use of our website(s), such as pages visited, frequency, duration of visit and trading activities (for more information refer to our ‘Cookies disclaimer’).
We also keep records of your trading behaviour, including a record of:
( a ) Products you trade and their performance;
( b ) Historical data about the trades and investments you have made including the amount invested;
( c ) Historical data about your payment activities and your withdrawal activities.
Further to the above, the Company may also request further information to improve its Service to you (Existing or Potential Clients) or our activities (if you are our Provider for Trading Data) under our relevant Agreement, as the case may be, or comply with Applicable Regulations.
We record any communications, electronic, by telephone, in person or otherwise, that we have with you in relation to the services that were provided by the Company to you and the relationship with you. The said recordings will be the Company’s sole property and will constitute evidence of the communications between the Company and you.
We will use, store, process and handle your personal information in accordance with the GDPR and the Processing of Personal Data (Protection of the Individual) Law of 2018, as amended or replaced from time to time.
Your personal data (not publicly available information and/or already possessed by the Company without abiding with the provisions of the general data protection regulation), will be collected and processed explicitly and specifically only for the purposes that have been collected for (‘purpose limitation’) while the Company must require only the information necessary in relation to the purposes for which they have been collected.
We may transfer your personal information outside the European Economic Area. If we will make such a transfer, we will ensure that the transfer is lawful and that there are appropriate security arrangements in place to safeguard your personal data as provided by Applicable Regulations. In furtherance, the Company follows the European Commission instructions in respect to this matter and it shall ensure that the third country that your data may be transferred is recognised by the EU Commission, as adequate in respect to the protection of your personal data.
We may, for the purpose of providing our services to you or for administering the terms of our Agreement with you, from time to time, make direct contact with you by telephone, fax, email, or post.
Subject to your consent, the Company may contact you from time to time, by telephone, fax, email or post for marketing purposes to bring to your attention products or services that may be of interest to you or to conduct market research.
Through our engagement with you we may disclose your personal information as part of our service offering or to fulfil our legal obligations. In this respect your personal information will be disclosed in the following situations:
( a ) Where required by law or a court by a competent Court;
( b ) Where requested by the Cyprus Securities and Exchange Commission or any other regulatory authority having control or jurisdiction over the Company or the Client or their associates or in whose territory the Company has Clients;
( c ) To relevant authorities to investigate or prevent fraud, money laundering or other illegal activity;
( d ) To such an extent as reasonably so as to execute Orders and for purposes ancillary to the provision of the Services;
( e ) To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions for credit checking, fraud prevention, anti-money laundering purposes, identification or due diligence checks of the Client. To do so they may check the details the Client supplied against any particulars on any database (public or otherwise) to which they have access. They may also use Client details in the future to assist other companies for verification purposes. A record of the search will be retained by the Company;
( f ) To the Company’s professional advisors provided that in each case the relevant professional shall be informed about the confidential nature of such information and commit to the confidentiality herein obligations as well;
( g ) To other service providers who create, maintain or process databases (whether electronic or no), offer record keeping services, email transmission services, messaging services or similar services which aim to assist the Company collect, storage, process and use Client information or get in touch with the Client or improve the provision of the Services under this Agreement;
( h ) To a Trade Repository or similar under the Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties (CCPs) and trade repositories (TRs) (EMIR);
( i ) To other service providers for statistical purposes in order to improve the Company’s marketing, in such a case the data will be provided in an aggregate form;
( j ) To market research call centers that provide telephone or email surveys with the purpose to improve the services of the Company, in such a case only the contact details the data will be provided.
( k ) Where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or Ombudsman or governmental authority;
( l ) At the Client’s request or with the Client’s consent;
( m ) To an Affiliate of the Company or any other company in the same group of the Company;
( n ) To successors or assignees or transferees or buyers, with five (5) Business Days prior Written Notice to the Client
The use of your personal information requires your consent, such consent will be provided in accordance with the Client Agreement that it is provided to you during the account opening procedure and is also available on the Company’s website(s). We shall rely on the provided consent as its legal basis for processing your personal data. You have the right at any time to withdraw that consent by contacting us via phone or via email at email@example.com or firstname.lastname@example.org
Where you are a natural person and the use of your personal data requires your consent, the Company will request for your consent to be provided freely, specific, informed and an unambiguous indication of your desires, which by statement or by clear affirmative action, signifies agreement to the processing.
If at any case you feel compelled to consent or you will endure negative consequences if you do not, then your consent will not be valid. Additionally, your consent shall not be bundled-up as a non-negotiable part of terms and conditions, because such action would indicate that you haven’t freely provided your consent.
In certain circumstances the company can process your data without your consent. The following are considered to be the most relevant:
( a ) Processing is necessary for compliance with legal obligation to which the controller is subject.
( b ) Processing is necessary for the performance of a contract to which the person is party, or in order to take measures of the person’s request prior entering into a contract.
( c ) Processing is necessary in order to protect the vital interests of the data subject.
( d ) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of public authority or a third party to whom the data are communicated.
( e ) Processing is necessary for the purposes of the legitimate interests pursued by the controller or by the third party to whom the personal data are communicated, on condition that such interests override the rights, interests and fundamental freedoms of the persons.
We have taken all the appropriate organisational measures to ensure that your personal data are secured. Moreover, the Company has established an Internal Educational Training for its employees so as to mitigate any risks that may affect your data. The employees that are processing your data are being trained to respect the confidentiality of customer information and the privacy of individuals. We consider breaches of your privacy as top priority and the Company will enhance its internal procedures to prevent any such event.
We have implemented procedures in respect to safeguarding your data. Only employees and/or Partners/Tied Agents that need to have access to the information in order to enable the continuity of the agreement between you and the Company, have access to such information.
Furthermore, we hold personal information in a combination of secure computer storage, secure servers and from time to time and if it is deemed necessary we will store them in paper-based files. The Company has taken all the necessary steps to protect the personal information that it holds from misuse, loss, unauthorised access, modification or disclosure.
While we will use all reasonable efforts to safeguard your personal information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data transferred from you, or to you via the internet.
We shall keep your personal data for as long as the company has business relationship with you (physical person). Once the business relationship has been ended, we may keep your data for up to five (5) years in accordance with the Laws governing the Company.
We may keep your personal data for longer than five (5) years for legal, regulatory and/or any other obligatory reason. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.
We hold personal information in hard-copy and soft-copy format. We use secure computer storage facilities for soft-copes and implement a security access policy for hard-copies. The Company has measures in place to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.
You may inform the Company at any time that your personal information have changed and we will change your personal data in accordance to your instructions. If any change impacts the provision of our services to you we will inform you accordingly.
You may also request to delete the personal information we hold, however, should you choose to do so you acknowledge that we may not be able to continue providing our services to you and we may need to discontinue our business relationship.
You may also request a copy of any personal information which we hold about you as well as the reasoning of holding such information. Should you find any inaccuracies you inform us of corrections we need to undertake.
All your request can be send to email@example.com or firstname.lastname@example.org and we will reply accordingly within a period of five (5) business days.
If you have any questions regarding this policy, wish to access or change your information or have a complaint, or if you have any questions about security on our Website, you may email us at email@example.com or firstname.lastname@example.org
Furthermore, in case you are not happy with the quality of Services we have provided you with in regard to the personal data processing, you as a natural person have the right to lodge a complaint with our supervisory authority which is the Commissioner for Personal Data Protection in the Republic of Cyprus.
We may change this Policy at any time at our discretion without any prior notice to you. We will post any and all updates on our website and for this reason you are advised to look for updates from time to time.
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