Confidentiality of Personal Data. 9.1. The Company may collect Client information directly from the Client (in his completed Account Opening Application Form or from his use of the Website otherwise) or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers. Therefore, the Client hereby acknowledges and agrees to the collection and processing of personal data provided by the Client in connection with the opening of a trading account for the purpose of performing our obligations under these Terms and Conditions and for administering the relationship between the Client and us. 9.2. Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, anti-money laundering and due diligence checks, for administration of the Services, for research and statistical purposes and for marketing purposes. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential. 9.3. The Company may on some occasions share your Personal Data with third parties in order to provide you with the Services and improve your trading experience, in accordance with the applicable laws and the Company’s Privacy Policy. The Company will not disclose your Personal Data to any third party without your prior consent. 9.4. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances: (a) where required by law or a court order by a competent Court. (b) where requested by VFSC 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 government bodies and law enforcement agencies where required by law and in response to other legal and regulatory requests; (d) to relevant authorities to investigate or prevent fraud, money laundering or other illegal activity; (e) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority; (f) to such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services; (g) to payment service providers and banks/credit institutions processing your transactions; (h) to auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes; 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; (i) only to the extent required and only the contact details to other service providers who create, maintain or process databases (whether electronic or not), 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. (j) only to the extent required, 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. (k) only to the extent required, 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 will be provided. (l) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority. (m) to anyone authorized by you. (n) to an Affiliate or introducing broker of the Company or any other company in the same group of the Company. (o) to any third-party where such disclosure is required in order to enforce or apply our Terms and Conditions or other relevant agreements. (p) to successors or assignees or transferees or buyers, with fifteen (15) Business Days prior Written Notice to the Client; this will happen in the event that the Company decides to sell, transfer, assign or novate to a third party any or all of its rights, benefits or obligations under the Agreement with you or the performance of the entire Agreement subject to providing fifteen (15) Business Days Prior Written Notice to the Client. This may be done without limitation in the event of merger or acquisition of the Company with a third party, reorganization of the Company, winding up of the Company or sale or transfer of all or part of the business or the assets of the Company to a third party. 9.5. You acknowledge our processing of all such information for the purposes of performing our duties and obligations under this Agreement and for the purpose of administering the relationship between you and us. You agree we may share your personal information with third parties for these purposes and we may also use the information for analysis and improving our product and services in line with our Privacy Policy found on our Website xxxx.xxxxx.xxx . 9.6. You recognize that you may receive commentary, analysis, market updates and/or confidential or proprietary information, provided that you prior consent for the provision of such information is collected by the Company. You further acknowledge that you are entitled to withdraw such consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx. 9.7. In the event that you have consented to the use of your personal data by the Company for marketing and information management purposes, or to conduct market research for the Company, then the Company may share these data with other companies in its group or with carefully selected external parties that may use the personal data to provide you with information about the products and services that may be of your interest. You further acknowledge that you are entitled to withdraw consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx . 9.8. You must read and acknowledge the Privacy Policy of the Company available online. 9.9. All information belonging to or relating to us including, without limitation, information concerning business plans, customers, supplies, services, Intellectual Property Rights and/or financial information received by you as a result of entering into or performing the Client Agreement which is designated as confidential by us or is otherwise clearly confidential in nature constitutes "confidential information". 9.10. You agree not to use our confidential information for any purpose other than the purpose for which it is supplied to you under the Client Agreement and agree not to divulge confidential information received from us to any third party, and to prevent its disclosure to or access by any third party without our prior written consent except as may be required by law or any legal or regulatory authority. 9.11. You will use a reasonable degree of care to protect our confidential information. This obligation will survive the termination of this Agreement, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through your breach of this term.
Appears in 1 contract
Samples: Client Agreement
Confidentiality of Personal Data. 9.1. The Company may collect Client information directly from the Client (in his completed Account Opening Application Form or from his use of the Website otherwise) or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers. Therefore, the Client hereby acknowledges and agrees to the collection and processing of personal data provided by the Client in connection with the opening of a trading account for the purpose of performing our obligations under these Terms and Conditions and for administering the relationship between the Client and us.
9.2. Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, anti-money laundering and due diligence checks, for administration of the Services, for research and statistical purposes and for marketing purposes. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential.
9.3. The Company may on some occasions share your Personal Data with third parties in order to provide you with the Services and improve your trading experience, in accordance with the applicable laws and the Company’s Privacy Policy. The Company will not disclose your Personal Data to any third party without your prior consent.
9.4. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances:
(a) where required by law or a court order by a competent Court.
(b) where requested by VFSC AFSC 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 government bodies and law enforcement agencies where required by law and in response to other legal and regulatory requests;
(d) to relevant authorities to investigate or prevent fraud, money laundering or other illegal activity;
(e) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority;
(f) to such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services;
(g) to payment service providers and banks/credit institutions processing your transactions;
(h) to auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes; 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;
(i) only to the extent required and only the contact details to other service providers who create, maintain or process databases (whether electronic or not), 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.
(j) only to the extent required, 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.
(k) only to the extent required, 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 will be provided.
(l) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority.
(m) to anyone authorized by you.
(n) to an Affiliate or introducing broker of the Company or any other company in the same group of the Company.
(o) to any third-party where such disclosure is required in order to enforce or apply our Terms and Conditions or other relevant agreements.
(p) to successors or assignees or transferees or buyers, with fifteen (15) Business Days prior Written Notice to the Client; this will happen in the event that the Company decides to sell, transfer, assign or novate to a third party any or all of its rights, benefits or obligations under the Agreement with you or the performance of the entire Agreement subject to providing fifteen (15) Business Days Prior Written Notice to the Client. This may be done without limitation in the event of merger or acquisition of the Company with a third party, reorganization of the Company, winding up of the Company or sale or transfer of all or part of the business or the assets of the Company to a third party.
9.5. You acknowledge our processing of all such information for the purposes of performing our duties and obligations under this Agreement and for the purpose of administering the relationship between you and us. You agree we may share your personal information with third parties for these purposes and we may also use the information for analysis and improving our product and services in line with our Privacy Policy found on our Website xxxx.xxxxx.xxx Privacy & Policy .
9.6. You recognize that you may receive commentary, analysis, market updates and/or confidential or proprietary information, provided that you prior consent for the provision of such information is collected by the Company. You further acknowledge that you are entitled to withdraw such consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx.xxxxxxx@xxxxxx0.xxx
9.7. In the event that you have consented to the use of your personal data by the Company for marketing and information management purposes, or to conduct market research for the Company, then the Company may share these data with other companies in its group or with carefully selected external parties that may use the personal data to provide you with information about the products and services that may be of your interest. You further acknowledge that you are entitled to withdraw consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx xxxxxxx@xxxxxx0.xxx .
9.8. You must read and acknowledge the Privacy Policy of the Company available online.: Privacy & Policy
9.9. All information belonging to or relating to us including, without limitation, information concerning business plans, customers, supplies, services, Intellectual Property Rights and/or financial information received by you as a result of entering into or performing the Client Agreement which is designated as confidential by us or is otherwise clearly confidential in nature constitutes "confidential information".
9.10. You agree not to use our confidential information for any purpose other than the purpose for which it is supplied to you under the Client Agreement and agree not to divulge confidential information received from us to any third party, and to prevent its disclosure to or access by any third party without our prior written consent except as may be required by law or any legal or regulatory authority.
9.11. You will use a reasonable degree of care to protect our confidential information. This obligation will survive the termination of this Agreement, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through your breach of this term.
Appears in 1 contract
Samples: Client Agreement
Confidentiality of Personal Data. 9.1. The Company may collect Client information directly from the Client (in his completed Account Opening Application Form or from his use of the Website otherwise) or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers. Therefore, the Client hereby acknowledges and agrees to the collection and processing of personal data provided by the Client in connection with the opening of a trading account for the purpose of performing our obligations under these Terms and Conditions and for administering the relationship between the Client and us.
9.2. Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, anti-money laundering and due diligence checks, for administration of the Services, for research and statistical purposes and for marketing purposes. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential.
9.3. The Company may on some occasions share your Personal Data with third parties in order to provide you with the Services and improve your trading experience, in accordance with the applicable laws and the Company’s Privacy Policy. The Company will not disclose your Personal Data to any third party without your prior consent.
9.4. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances:
(a) where required by law or a court order by a competent Court.
(b) where requested by VFSC 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 government bodies and law enforcement agencies where required by law and in response to other legal and regulatory requests;
(d) to relevant authorities to investigate or prevent fraud, money laundering or other illegal activity;
(e) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority;
(f) to such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services;
(g) to payment service providers and banks/credit institutions processing your transactions;
(h) to auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes; 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;
(i) only to the extent required and only the contact details to other service providers who create, maintain or process databases (whether electronic or not), 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.
(j) only to the extent required, 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.
(k) only to the extent required, to market research call centers centres that provide telephone or email surveys with the purpose to improve the services of the Company, in such a case only the contact details will be provided.
(l) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority.
(m) to anyone authorized authorised by you.
(n) to an Affiliate or introducing broker of the Company or any other company in the same group of the Company.
(o) to any third-party where such disclosure is required in order to enforce or apply our Terms and Conditions or other relevant agreements.
(p) to successors or assignees or transferees or buyers, with fifteen (15) Business Days prior Written Notice to the Client; this will happen in the event that the Company decides to sell, transfer, assign or novate to a third party any or all of its rights, benefits or obligations under the Agreement with you or the performance of the entire Agreement subject to providing fifteen (15) Business Days Prior Written Notice to the Client. This may be done without limitation in the event of merger or acquisition of the Company with a third party, reorganization reorganisation of the Company, winding up of the Company or sale or transfer of all or part of the business or the assets of the Company to a third party.
9.5. You acknowledge our processing of all such information for the purposes of performing our duties and obligations under this Agreement and for the purpose of administering the relationship between you and us. You agree we may share your personal information with third parties for these purposes and we may also use the information for analysis and improving our product and services in line with our Privacy Policy found on our Website xxxx.xxxxx.xxx xxxxx://xxx.xxxxx.xxx/legal/en/EN-Privacy_Policy.pdf f .
9.6. You recognize that you may receive commentary, analysis, market updates and/or confidential or proprietary information, provided that you prior consent for the provision of such information is collected by the Company. You further acknowledge that you are entitled to withdraw such consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx.
9.7. In the event that you have consented to the use of your personal data by the Company for marketing and information management purposes, or to conduct market research for the Company, then the Company may share these data with other companies in its group or with carefully selected external parties that may use the personal data to provide you with information about the products and services that may be of your interest. You further acknowledge that you are entitled to withdraw consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx xxxxxxxxxx@xxxx.xxxxx.xxx .
9.8. You must read and acknowledge the Privacy Policy of the Company available online.: xxxxx://xxx.xxxxx.xxx/legal/en/EN-Privacy_Policy.pdf
9.9. All information belonging to or relating to us including, without limitation, information concerning business plans, customers, supplies, services, Intellectual Property Rights and/or financial information received by you as a result of entering into or performing the Client Agreement which is designated as confidential by us or is otherwise clearly confidential in nature constitutes "confidential information".
9.10. You agree not to use our confidential information for any purpose other than the purpose for which it is supplied to you under the Client Agreement and agree not to divulge confidential information received from us to any third party, and to prevent its disclosure to or access by any third party without our prior written consent except as may be required by law or any legal or regulatory authority.
9.11. You will use a reasonable degree of care to protect our confidential information. This obligation will survive the termination of this Agreement, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through your breach of this term.
Appears in 1 contract
Samples: Client Agreement
Confidentiality of Personal Data. 9.1. The Company may collect Client information directly from the Client (in his completed Account Opening Application Form or from his use of the Website otherwise) or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers. Therefore, the Client hereby acknowledges and agrees to the collection and processing of personal data provided by the Client in connection with the opening of a trading account for the purpose of performing our obligations under these Terms and Conditions and for administering the relationship between the Client and us.
9.2. Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, anti-money laundering and due diligence checks, for administration of the Services, for research and statistical purposes and for marketing purposes. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential.
9.3. The Company may on some occasions share your Personal Data with third parties in order to provide you with the Services and improve your trading experience, in accordance with the applicable laws and the Company’s Privacy Policy. The Company will not disclose your Personal Data to any third party without your prior consent.
9.4. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances:
(a) where required by law or a court order by a competent Court.
(b) where requested by VFSC 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 government bodies and law enforcement agencies where required by law and in response to other legal and regulatory requests;
(d) to relevant authorities to investigate or prevent fraud, money laundering or other illegal activity;
(e) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority;
(f) to such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services;
(g) to payment service providers and banks/credit institutions processing your transactions;
(h) to auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes; 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;
(i) only to the extent required and only the contact details to other service providers who create, maintain or process databases (whether electronic or not), 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.
(j) only to the extent required, 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.
(k) only to the extent required, to market research call centers centres that provide telephone or email surveys with the purpose to improve the services of the Company, in such a case only the contact details will be provided.
(l) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority.
(m) to anyone authorized authorised by you.
(n) to an Affiliate or introducing broker of the Company or any other company in the same group of the Company.
(o) to any third-party where such disclosure is required in order to enforce or apply our Terms and Conditions or other relevant agreements.
(p) to successors or assignees or transferees or buyers, with fifteen (15) Business Days prior Written Notice to the Client; this will happen in the event that the Company decides to sell, transfer, assign or novate to a third party any or all of its rights, benefits or obligations under the Agreement with you or the performance of the entire Agreement subject to providing fifteen (15) Business Days Prior Written Notice to the Client. This may be done without limitation in the event of merger or acquisition of the Company with a third party, reorganization reorganisation of the Company, winding up of the Company or sale or transfer of all or part of the business or the assets of the Company to a third party.
9.5. You acknowledge our processing of all such information for the purposes of performing our duties and obligations under this Agreement and for the purpose of administering the relationship between you and us. You agree we may share your personal information with third parties for these purposes and we may also use the information for analysis and improving our product and services in line with our Privacy Policy found on our Website xxxx.xxxxx.xxx xxxxx://xxx.xxxxx.xxx/legal/en/EN- Privacy_Policy.pdf f .
9.6. You recognize that you may receive commentary, analysis, market updates and/or confidential or proprietary information, provided that you prior consent for the provision of such information is collected by the Company. You further acknowledge that you are entitled to withdraw such consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx.
9.7. In the event that you have consented to the use of your personal data by the Company for marketing and information management purposes, or to conduct market research for the Company, then the Company may share these data with other companies in its group or with carefully selected external parties that may use the personal data to provide you with information about the products and services that may be of your interest. You further acknowledge that you are entitled to withdraw consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx xxxxxxxxxx@xxxx.xxxxx.xxx .
9.8. You must read and acknowledge the Privacy Policy of the Company available online.: xxxxx://xxx.xxxxx.xxx/legal/en/EN-Privacy_Policy.pdf
9.9. All information belonging to or relating to us including, without limitation, information concerning business plans, customers, supplies, services, Intellectual Property Rights and/or financial information received by you as a result of entering into or performing the Client Agreement which is designated as confidential by us or is otherwise clearly confidential in nature constitutes "confidential information".
9.10. You agree not to use our confidential information for any purpose other than the purpose for which it is supplied to you under the Client Agreement and agree not to divulge confidential information received from us to any third party, and to prevent its disclosure to or access by any third party without our prior written consent except as may be required by law or any legal or regulatory authority.
9.11. You will use a reasonable degree of care to protect our confidential information. This obligation will survive the termination of this Agreement, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through your breach of this term.
Appears in 1 contract
Samples: Client Agreement
Confidentiality of Personal Data. 9.1. The Company may collect Client information directly from the Client (in his completed Account Opening Application Form or from his use of the Website otherwise) or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers. Therefore, the Client hereby acknowledges and agrees to the collection and processing of personal data provided by the Client in connection with the opening of a trading account for the purpose of performing our obligations under these Terms and Conditions and for administering the relationship between the Client and us.
9.2. Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, anti-money laundering and due diligence checks, for administration of the Services, for research and statistical purposes and for marketing purposes. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential.
9.3. The Company may on some occasions share your Personal Data with third parties in order to provide you with the Services and improve your trading experience, in accordance with the applicable laws and the Company’s Privacy Policy. The Company will not disclose your Personal Data to any third party without your prior consent.
9.4. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances:
(a) where required by law or a court order by a competent Court.
(b) where requested by VFSC 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 government bodies and law enforcement agencies where required by law and in response to other legal and regulatory requests;
(d) to relevant authorities to investigate or prevent fraud, money laundering or other illegal activity;
(e) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority;
(f) to such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services;
(g) to payment service providers and banks/credit institutions processing your transactions;
(h) to auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes; 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;
(i) only to the extent required and only the contact details to other service providers who create, maintain or process databases (whether electronic or not), 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.
(j) only to the extent required, 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.
(k) only to the extent required, to market research call centers centres that provide telephone or email surveys with the purpose to improve the services of the Company, in such a case only the contact details will be provided.
(l) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority.
(m) to anyone authorized authorised by you.
(n) to an Affiliate or introducing broker of the Company or any other company in the same group of the Company.
(o) to any third-party where such disclosure is required in order to enforce or apply our Terms and Conditions or other relevant agreements.
(p) to successors or assignees or transferees or buyers, with fifteen (15) Business Days prior Written Notice to the Client; this will happen in the event that the Company decides to sell, transfer, assign or novate to a third party any or all of its rights, benefits or obligations under the Agreement with you or the performance of the entire Agreement subject to providing fifteen (15) Business Days Prior Written Notice to the Client. This may be done without limitation in the event of merger or acquisition of the Company with a third party, reorganization reorganisation of the Company, winding up of the Company or sale or transfer of all or part of the business or the assets of the Company to a third party.
9.5. You acknowledge our processing of all such information for the purposes of performing our duties and obligations under this Agreement and for the purpose of administering the relationship between you and us. You agree we may share your personal information with third parties for these purposes and we may also xxx.xxxx.xxxxx.xxx . use the information for analysis and improving our product and services in line with our Privacy Policy found on our Website xxxx.xxxxx.xxx .Website
9.6. You recognize that you may receive commentary, analysis, market updates and/or confidential or proprietary information, provided that you prior consent for the provision of such information is collected by the Company. You further acknowledge that you are entitled to withdraw such consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx.
9.7. In the event that you have consented to the use of your personal data by the Company for marketing and information management purposes, or to conduct market research for the Company, then the Company may share these data with other companies in its group or with carefully selected external parties that may use the personal data to provide you with information about the products and services that may be of your interest. You further acknowledge that you are entitled to withdraw consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx .
. of the Company available 9.8. You must read and acknowledge the Privacy Policy of the Company available online.
9.9. All information belonging to or relating to us including, without limitation, information concerning business plans, customers, supplies, services, Intellectual Property Rights and/or financial information received by you as a result of entering into or performing the Client Agreement which is designated as confidential by us or is otherwise clearly confidential in nature constitutes "confidential information".
9.10. You agree not to use our confidential information for any purpose other than the purpose for which it is supplied to you under the Client Agreement and agree not to divulge confidential information received from us to any third party, and to prevent its disclosure to or access by any third party without our prior written consent except as may be required by law or any legal or regulatory authority.
9.11. You will use a reasonable degree of care to protect our confidential information. This obligation will survive the termination of this Agreement, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through your breach of this term.
Appears in 1 contract
Samples: Client Agreement
Confidentiality of Personal Data. 9.1. The Company may collect Client information Information and/or Personal Information directly from the Client (in his completed Account Opening Application Form or from his use of the Website otherwise) or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers. Therefore, the Client hereby acknowledges and agrees to the collection and processing of personal data provided by the Client in connection with the opening of a trading account for the purpose of performing our obligations under these Terms and Conditions and for administering the relationship between the Client and us.
9.2. Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, anti-money laundering and due diligence checks, for administration of the Services, for research and statistical purposes and for marketing purposes. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential.
9.3. The Company may on some occasions share your Personal Data with third parties in order to provide you with the Services and improve your trading experience, in accordance with the applicable laws and the Company’s Privacy Policy. The Company will not disclose your Personal Data to any third party without your prior consent.
9.4. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances:
(a) where required by law or a court order by a competent Court.
(b) where requested by VFSC FSCA 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 government bodies and law enforcement agencies where required by law and in response to other legal and regulatory requests;
(d) to relevant authorities to investigate or prevent fraud, money laundering or other illegal activity;
(e) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority;
(f) to such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services;
(g) to payment service providers and banks/credit institutions processing your transactions;
(h) to auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes; 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;
(i) only to the extent required and only the contact details to other service providers who create, maintain or process databases (whether electronic or not), 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.
(j) only to the extent required, 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.
(k) only to the extent required, to market research call centers centres that provide telephone or email surveys with the purpose to improve the services of the Company, in such a case only the contact details will be provided.
(l) where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or governmental authority.
(m) to anyone authorized authorised by you.
(n) to an Affiliate or introducing broker of the Company or any other company in the same group of the Company.
(o) to any third-party where such disclosure is required in order to enforce or apply our Terms and Conditions or other relevant agreements.
(p) to successors or assignees or transferees or buyers, with fifteen (15) Business Days prior Written Notice to the Client; this will happen in the event that the Company decides to sell, transfer, assign or novate to a third party any or all of its rights, benefits or obligations under the Agreement with you or the performance of the entire Agreement subject to providing fifteen (15) Business Days Prior Written Notice to the Client. This may be done without limitation in the event of merger or acquisition of the Company with a third party, reorganization reorganisation of the Company, winding up of the Company or sale or transfer of all or part of the business or the assets of the Company to a third party.
9.5. You acknowledge our processing of all such information for the purposes of performing our duties and obligations under this Agreement and for the purpose of administering the relationship between you and us. You agree we may share your personal information with third parties for these purposes and we may also use the information for analysis and improving our product and services in line with our Privacy Policy found on our Website xxxx.xxxxx.xxx xxxxx://xx.xxxxx.xxx/start-trading/documents-policies#/ .
9.6. You recognize that you may receive commentary, analysis, market updates and/or confidential or proprietary information, provided that you prior consent for the provision of such information is collected by the Company. You further acknowledge that you are entitled to withdraw such consent at any time by contacting us at xxxx@xxxx.xxxxx.xxxxxxxxxxxxxxx@xxxxx.xxx .
9.7. In the event that you have consented to the use of your personal data by the Company for marketing and information management purposes, or to conduct market research for the Company, then the Company may share these data with other companies in its group or with carefully selected external parties that may use the personal data to provide you with information about the products and services that may be of your interest. You further acknowledge that you are entitled to withdraw consent at any time by contacting us at xxxx@xxxx.xxxxx.xxx xxxxxxxxxx@xxxx.xxxxx.xxx .
9.8. You must read and acknowledge the Privacy Policy of the Company available online.: xxxxx://xx.xxxxx.xxx/start-trading/documents-policies#/
9.9. All information belonging to or relating to us including, without limitation, information concerning business plans, customersclients, supplies, services, Intellectual Property Rights and/or financial information received by you as a result of entering into or performing the Client Agreement which is designated as confidential by us or is otherwise clearly confidential in nature constitutes "confidential information".
9.10. You agree not to use our confidential information for any purpose other than the purpose for which it is supplied to you under the Client Agreement and agree not to divulge confidential information received from us to any third party, and to prevent its disclosure to or access by any third party without our prior written consent except as may be required by law or any legal or regulatory authority.
9.11. You will use a reasonable degree of care to protect our confidential information. This obligation will survive the termination of this Agreement, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through your breach of this term.
9.12. The Company has appointed both an Information Officer (IO) and a Deputy Information officer (DPO) as per the requirement of POPIA and PAIA and their duties are as follows:
(a) the encouragement of compliance by the Company with the conditions for the lawful processing of Personal Information of the Client.
(b) that IO and DPO may develop a policy on how employees of the Company should implement conditions for the lawful processing of Personal Information;
(c) dealing with requests made to the Company pursuant to POPIA. The IO and/or the DPO shall provide reasonable assistance, free of charge, as is necessary to enable the Requester or Client to comply with the prescribed process for submitting a request as prescribed under PAIA and POPIA6. If a requester or data subject has made any request that does not comply with the requirements of PAIA or POPIA, the IO and/or the DPO shall not refuse the request because of that non-compliance, unless the IO or DPO has-
i) notified the Client or requester of his/her intention to refuse the request and stated in the notice, the reasons for the contemplated refusal, as well as his/her availability to assist that requester or Client to remove the grounds for refusal;
ii) given the requester or Client a reasonable opportunity to seek such assistance;
iii) as far as reasonably possible, furnished the requester or Client with any information that would assist the making of the request in the prescribed form; and
iv) given the requester a reasonable opportunity to confirm the request or alter it to comply with XXXX or POPIA.
Appears in 1 contract
Samples: Client Agreement
