Common use of Personal Data, Confidentiality, Recording of Telephone Calls and Records Clause in Contracts

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.2. 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 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. 22.3. 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 by requested 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 required 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 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. (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.

Appears in 15 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.2. 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 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. 22.3. 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 by requested 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 required 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 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. (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. 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.

Appears in 7 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 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. 22.324.3. 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 requested CySEC 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 required 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 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. (Ih) 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 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 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 ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. (o) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Cyprus, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Cyprus and the US. 24.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 24.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 24.3 of this Client Agreement. 24.6. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations so recorded. 24.7. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 24.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent. 24.9. Under the regulation (EU) 2016/679 related to GDPR the company may collect the following personal information: • Identification details, such as name, age, nationality, passport/ID number etc. • Contact information including email address, phone, etc. • Demographic information such as postcode, preferences, interests, etc. • Information we are required or authorized by applicable national laws to collect and process in order to authenticate or identify the client or to verify the information we have collected. • Net worth amounts. • Source of annual income. • Annual income. • Relevant experience on Trading in Financial instrument(s). • Investment objectives. • Any information that is provided by the client when using our services (community discussions, contact forms, trading account connection, etc.). FOREX24 requires this information to understand clients’ needs and provide to its clients a better service and in particular for the following reasons: • To verify a client’s identity. • To ensure that clients meet the appropriateness and/or suitability requirements needed to use our products and services. • To manage and operate the client’s trading account. • To process the client’s transactions. • To send clients information about transaction/post-transaction services. • To keep clients updated with news on our products, services and any other information relevant to clients working relationship with FOREX24. • For website improvement purposes. • For the analysis of statistical data which will help us provide our clients with better products and services in the future. • Detect, prevent, mitigate and investigate fraudulent or illegal activities. • Providing customer service. In compliance with the Data Protection Act, every user is granted a number of rights in relation to their Personal Data. These rights include accessing and/or amending the Personal Data, putting a stop to the processing of this data and preventing undesirable marketing. 24.10. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.123.1. The Company may collect client Client information directly from the Client (in his completed Account Opening Application Form or 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. 22.223.2. 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 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. 22.323.3. 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 requested SVGFSA 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 required 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, credit card checks, 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 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. (Ih) 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. (i) 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 data will be provided. (j) 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. (k) At the Client’s request or with the Client’s consent. (l) To an Affiliate of the Company or any other company in the same group of the Company. (m) To successors or assignees or transferees or buyers, with ten Business Days Prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. (n) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in St. Xxxxxxx & the Grenadines, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between St. Xxxxxxx & the Grenadines and the US. 23.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 23.5. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders or conversations so recorded. 23.6. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client by telephone, sms, fax, email, or post. 23.7. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. This right is exercised in relation to Clients who are natural persons only when they provide their specific consent to that effect.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.123.1. The Company may collect client Client information directly from the Client (in his completed Account Opening Application Form or 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. 22.223.2. 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 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. 22.323.3. 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 requested IFSC 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 required 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, credit card checks, 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 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. (Ih) 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. (i) 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 data will be provided. (j) 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. (k) At the Client’s request or with the Client’s consent. (l) To an Affiliate of the Company or any other company in the same group of the Company. (m) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. (n) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Belize, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Belize and the US. 23.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 23.5. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders or conversations so recorded. 23.6. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client by telephone, sms, fax, email, orpost. 23.7. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. This right is exercised in relation to Clients who are natural persons only when they provide their specific consent to that effect. 23.8. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, Client Account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.123.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.223.2. 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 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. 22.323.3. 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 by requested any 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 required 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 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. (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 aggregated form.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.123.1. The Company may collect client Client information directly from the Client (in his completed Account Opening Application Form or 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. 22.223.2. 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 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. 22.323.3. 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 requested IFSC 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 required 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, credit card checks, 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 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. (Ih) 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. (i) 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 data will be provided. (j) 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. (k) At the Client’s request or with the Client’s consent. (l) To an Affiliate of the Company or any other company in the same group of the Company. (m) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. (n) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Belize, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Belize and the US. 23.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 23.5. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders or conversations so recorded. 23.6. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client by telephone, sms, fax, email, orpost. 23.7. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. This right is exercised in relation to Clients who are natural persons only when they provide their specific consent to that effect.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 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. 22.324.3. 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 requested LFSA 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 required 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 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. (Ih) 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. i) To market research call 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 the data will be provided. j) 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. k) At the Client’s request or with the Client’s consent. l) To an Affiliate of the Company or any other company in the same group of the Company. m) To successors or assignees or transferees or buyers, with three (3) Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2 of this Client Agreement. n) Client Information is disclosed to any competent tax authority in the jurisdiction that ehamarkets operates. 24.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance with the Processing of Personal Data (Protection of the Individual) Law of 2001, its amendment (Law No. 37(I)/2003) and the Processing of Personal Data (Protection of Individual) Amending Law 2012 (Law. No. 105(I)/2012 and the Regulation of Electronic Communications Data Protection Act 1998 and General Data Protection Regulation (EU 2016/679) (“GDPR”) and the Personal Data Protection Act 2010, as amended from time to time. The Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 24.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 and General Data Protection Regulation (EU 2016/679) (“GDPR”) and the Personal Data Protection Act 2010 for the reasons specified in paragraph 25.3 of this Client Agreement. 24.6. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations so recorded. 24.7. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 24.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent. Once such a consent is obtained the Client agrees to such communications and agrees that the Client will not consider such communication a breach of any of the Client’s rights under any relevant data protection and/or privacy regulations. The Client may opt out of receiving such communications by sending ehamarkets an e-mail to the Company’s Customer Support Team 24.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications, and anything else which relates to the Client, subject to a maximum of five (5) years. 24.10. By entering into this agreement, you acknowledge that you have read and understood the Company’s Privacy Policy, see legal documents section of the website.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 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. 22.324.3. 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 requested LFSA 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 required 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 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. (Ih) 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. i) To market research call 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 the data will be provided. j) 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. k) At the Client’s request or with the Client’s consent. l) To an Affiliate of the Company or any other company in the same group of the Company. m) To successors or assignees or transferees or buyers, with three (3) Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2 of this Client Agreement. n) Client Information is disclosed to any competent tax authority in the jurisdiction that Trade211 operates. 24.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance with the Processing of Personal Data (Protection of the Individual) Law of 2001, its amendment (Law No. 37(I)/2003) and the Processing of Personal Data (Protection of Individual) Amending Law 2012 (Law. No. 105(I)/2012 and the Regulation of Electronic Communications Data Protection Act 1998 and General Data Protection Regulation (EU 2016/679) (“GDPR”) and the Personal Data Protection Act 2010, as amended from time to time. The Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 24.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 and General Data Protection Regulation (EU 2016/679) (“GDPR”) and the Personal Data Protection Act 2010 for the reasons specified in paragraph 25.3 of this Client Agreement. 24.6. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations so recorded. 24.7. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 24.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent. Once such a consent is obtained the Client agrees to such communications and agrees that the Client will not consider such communication a breach of any of the Client’s rights under any relevant data protection and/or privacy regulations. The Client may opt out of receiving such communications by sending Trade211 an e-mail to the Company’s Customer Support Team 24.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications, and anything else which relates to the Client, subject to a maximum of five (5) years. 24.10. By entering into this agreement, you acknowledge that you have read and understood the Company’s Privacy Policy, see legal documents section of the website.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.2. 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 dued iligence checks, 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. 22.3. 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 by requested 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 required 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 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. (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. 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.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.11. The Company may collect client Client information directly from the Client (in his completed Account Opening Application Form or 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. 22.22. 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 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. 22.33. 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 requested 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 moneylaundering or other illegal activity. (d) To such an extent as reasonably required so as to execute Orders and for andfor 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, credit card checks, 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 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. (Ih) 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. (i) To market research call centers that provide telephone or email surveyswith the purpose to improve the services of the Company, in such a case only the contact details data will be provided. (j) 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. (k) At the Client’s request or with the Client’s consent. (l) To an Affiliate of the Company or any other company in the same group of the Company. (m) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. 4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 5. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders or conversations so recorded. 6. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client by telephone, sms, fax, email, or post. 7. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. This right is exercised in relation to Clients who are natural persons only when they provide their specific consent to thateffect. 8. Under Applicable laws, the Company will keep records containing Client personal data, trading information, Client Account opening documents, communications and anything else which relates to the Client for at least five years after termination ofthe Agreement.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 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. 22.324.3. 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 requested CySEC 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 required 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 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. h) To a Trade Repository or similar under the Regulation (IEU) 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 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 ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. o) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Cyprus, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Cyprus and the US. 24.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 as this may be amended and/or supplemented and/or replaced from time to time and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any) as well as enable the Client to exercised their rights under applicable law. 24.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 as this may be amended and/or supplemented and/or replaced from time to time for the reasons specified in paragraph 24.3. 24.6. Telephone conversations and communications between the Client and the Company and the Company may as well as well as internal communications which relate to the Client‘s affairs and/or Transactions and/or Orders will be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings and communication as conclusive evidence of conversations so recorded. A copy of such recordings and communications as well as internal communications which relate to the Client‘s affairs and/or Transactions and/or Orders will be available on request by the Client for a period of five years and where requested by CySEC for a period of up to seven years. 24.7. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 24.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent. 24.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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-anti- money laundering and due diligence checks, 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. 22.324.3. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances: (a) a. Where required by law or a court order by a competent Court. (b) b. Where requested by requested CySEC 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) c. To relevant authorities to investigate or prevent fraud, money laundering or other illegal activity. (d) d. To such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services. (e) 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) 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) g. 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. h. To a Trade Repository or similar under the Regulation (IEU) 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 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 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 ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. o. Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Cyprus, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Cyprus and the US. 24.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 24.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 24.3 of this Client Agreement. 24.6. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations so recorded. 24.7. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 24.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent. 24.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.1. 22.1 The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.2. 22.2 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 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. 22.3. 22.3 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 by requested 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 required 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 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. (Ih) 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. i) 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. j) 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. k) At the Client’s request or with the Client’s consent. l) To an Affiliate of the Company or any other company in the same group of the Company. m) To successors or assignees or transferees or buyers, with three (3) Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2 of this Client Agreement. n) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Commonwealth of Dominica, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Commonwealth of Dominica and the US.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 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. 22.324.3. 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 a. where required by law or a court order by a competent Court.; (b) Where b. where requested by requested CySEC 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 c. to relevant authorities to investigate or prevent fraud, money laundering or other illegal activity.; (d) To d. to such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services.; (e) To 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 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 g. 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.; h. to a Trade Repository or similar under the Regulation (IEU) To 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 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 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 ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement;

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.11. The Company may collect client Client information directly from the Client (in his completed Account Opening Application Form or 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 registersofpublicregisters. 22.22. 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 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. 22.33. 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 CourtcompetentCourt. (b) Where requested by requested authority having control or jurisdiction over the Company or the Client or their associates or in whose territory the Company has ClientshasClients. (c) To relevant Torelevant authorities to investigate or prevent fraud, ,money laundering or other illegal activityillegalactivity. (d) To such Tosuch an extent as reasonably required 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, credit card checks, fraud prevention, anti-money laundering moneylaundering 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 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 AgreementthisAgreement. (Ih) 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. (i) Tomarket research call centers that provide telephone or emailsurveys with the purpose to improve the services of the Company, in such a case only the contact details data will beprovided. (j) 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. (k) At the Client’s request or with the Client’sconsent. (l) To an Affiliate of the Company or any other company in the same group of the Company. (m) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the ClientAgreement. 4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrativefee. 5. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders or conversations sorecorded. 6. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client by telephone, sms, fax, email, orpost. 7. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. This right is exercised in relation to Clients who are natural persons only when they provide their specific consent to that effect. 8. Under Applicable laws, the Company will keep records containing Client personal data, trading information, Client Account opening documents, communications and anything else which relates to the Client for at least five years after termination of theAgreement.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client Client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 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. 22.324.3. 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 requested CySEC 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 required 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 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. (Ih) 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 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 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 ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. (o) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Cyprus, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Cyprus and the US. 24.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 24.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 24.3 of this Client Agreement. 24.6. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations so recorded. 24.7. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 24.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent. 24.9. Under the regulation (EU) 2016/679 related to GDPR the company may collect the following personal information: • Identification details, such as name, age, nationality, passport/ID number etc. • Contact information including email address, phone, etc. • Demographic information such as postcode, preferences, interests, etc. • Information we are required or authorized by applicable national laws to collect and process in order to authenticate or identify the Client or to verify the information we have collected. • Net worth amounts. • Source of annual income. • Annual income. • Relevant experience on Trading in Financial instrument(s). • Investment objectives. • Any information that is provided by the Client when using our services (community discussions, contact forms, trading account connection, etc.). FOREX24 requires this information to understand Clients’ needs and provide to its Clients a better service and in particular for the following reasons: • To verify a Client’s identity. • To ensure that Clients meet the appropriateness and/or suitability requirements needed to use our products and services. • To manage and operate the Client’s trading account. • To process the Client’s transactions. • To send Clients information about transaction/post-transaction services. • To keep Clients updated with news on our products, services and any other information relevant to Clients working relationship with FOREX24. • For website improvement purposes. • For the analysis of statistical data which will help us provide our Clients with better products and services in the future. • Detect, prevent, mitigate and investigate fraudulent or illegal activities. • Providing customer service. In compliance with the Data Protection Act, every user is granted a number of rights in relation to their Personal Data. These rights include accessing and/or amending the Personal Data, putting a stop to the processing of this data and preventing undesirable marketing. 24.10. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement.

Appears in 1 contract

Samples: Client Agreement

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Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 anti•money laundering and due diligence checks, 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. 22.324.3. 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 requested CySEC 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 required 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 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 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. (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.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 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. 22.324.3. 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 requested 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 relevant authorities to investigate or prevent fraud, money laundering or other illegal activity. (d) To such an extent as reasonably required 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 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. (Ih) 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. i) To market research call 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 the data will be provided. j) 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. k) At the Client’s request or with the Client’s consent. l) To an Affiliate of the Company or any other company in the same group of the Company. m) To successors or assignees or transferees or buyers, with three (3) Business Days prior Written Notice to the Client, and for the purposes of paragraph 32.2 of this Client Agreement. n) Client Information is disclosed in relation to US taxpayers to the South African Revenue Services in South Africa, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between South Africa and the US. o) The Client accepts that Company, for the purpose of complying with FATCA and CRS, shall have the right to request any information or documentation reasonably required and the Client shall be obliged to provide the same to Company immediately. 24.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001, its amendment (Law No. 37(I)/2003) and the Processing of Personal Data (Protection of Individual) Amending Law 2012 (Law. No. 105(I)/2012 and the Regulation of Electronic Communications Data Protection Act 1998 and General Data Protection Regulation (EU 2016/679) (“GDPR”) and the Protection of Personal Information Act,2013, as amended from time to time. The Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 24.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 and General Data Protection Regulation (EU 2016/679) (“GDPR”) and the Protection of Information Act, 2013 for the reasons specified in paragraph 25.3 of this Client Agreement. 24.6. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations so recorded. 24.7. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 24.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent. Once such a consent is obtained the Client agrees to such communications and agrees that the Client will not consider such communication a breach of any of the Client’s rights under any relevant data protection and/or privacy regulations. The Client may opt out of receiving such communications by sending Trade211 an e-mail to the Company’s Customer Support Team 24.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client, subject to a maximum of five (5) years. 24.10. By entering into this agreement, you acknowledge that you have read and

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 research and statistical purposes and separately for marketing purposes, only when the client consent is obtained. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential. 22.3. 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 requested CySEC 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 required 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 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. h) To a Trade Repository or similar under the Regulation (IEU) 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). a. 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. i) 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. j) 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. k) At the Client’s request or with the Client’s consent. l) To an Affiliate of the Company or any other company in the same group of the Company. m) To successors or assignees or transferees or buyers, with ten Business Days prior Written n) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Cyprus, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Cyprus and the US.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 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. 22.324.3. 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 requested 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 relevant authorities to investigate or prevent fraud, money laundering or other illegal activity. (d) To such an extent as reasonably required 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 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. (Ih) 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. i) To market research call 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 the data will be provided. j) 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. k) At the Client’s request or with the Client’s consent. l) To an Affiliate of the Company or any other company in the same group of the Company. m) To successors or assignees or transferees or buyers, with three (3) Business Days prior Written Notice to the Client, and for the purposes of paragraph 32.2 of this Client Agreement. n) Client Information is disclosed in relation to US taxpayers to the South African Revenue Services in South Africa, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between South Africa and the US. o) The Client accepts that Company, for the purpose of complying with FATCA and CRS, shall have the right to request any information or documentation reasonably required and the Client shall be obliged to provide the same to Company immediately. 24.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001, its amendment (Law No. 37(I)/2003) and the Processing of Personal Data (Protection of Individual) Amending Law 2012 (Law. No. 105(I)/2012 and the Regulation of Electronic Communications Data Protection Act 1998 and General Data Protection Regulation (EU 2016/679) (“GDPR”) and the Protection of Personal Information Act,2013, as amended from time to time. The Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 24.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 and General Data Protection Regulation (EU 2016/679) (“GDPR”) and the Protection of Information Act, 2013 for the reasons specified in paragraph 25.3 of this Client Agreement. 24.6. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations so recorded. 24.7. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 24.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent. Once such a consent is obtained the Client agrees to such communications and agrees that the Client will not consider such communication a breach of any of the Client’s rights under any relevant data protection and/or privacy regulations. The Client may opt out of receiving such communications by sending FT211 an e-mail to the Company’s Customer Support Team 24.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client, subject to a maximum of five (5) years. 24.10. By entering into this agreement, you acknowledge that you have read and

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.11. The Company may collect client Client information directly from the Client (in his completed Account Opening Application Form or 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. 22.22. 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 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. 22.33. 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 requested 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 required so as to execute Orders and for andfor 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, credit card checks, 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 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. (Ih) 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. (i) 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 data will be provided. (j) 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. (k) At the Client’s request or with the Client’s consent. (l) To an Affiliate of the Company or any other company in the same group of the Company. (m) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. 4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 5. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders or conversations so recorded. 6. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client by telephone, sms, fax, email, or post. 7. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. This right is exercised in relation to Clients who are natural persons only when they provide their specific consent to that effect.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.125.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.225.2. 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 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. 22.325.3. 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 requested CySEC 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 required 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 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. h) To a Trade Repository or similar under the Regulation (IEU) 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 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 ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. o) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Cyprus, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Cyprus and the US. 25.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 as this may be amended and/or supplemented and/or replaced from time to time and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any) as well as enable the Client to exercised their rights under applicable law. 25.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 as this may be amended and/or supplemented and/or replaced from time to time for the reasons specified in paragraph 24.3. 25.6. Telephone conversations and communications between the Client and the Company and the Company may as well as well as internal communications which relate to the Client‘s affairs and/or Transactions and/or Orders will be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings and communication as conclusive evidence of conversations so recorded. A copy of such recordings and communications as well as internal communications which relate to the Client‘s affairs and/or Transactions and/or Orders will be available on request by the Client for a period of five years and where requested by CySEC for a period of up to seven years. 25.7. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 25.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent. 25.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.123.1. The Company may collect client Client information directly from the Client (in his completed Account Opening Application Form or 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. 22.223.2. 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 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. 22.323.3. 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 requested 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 required 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, credit card checks, 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 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. (Ih) 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. (i) 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 data will be provided. (j) 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. (k) At the Client’s request or with the Client’s consent. (l) To an Affiliate of the Company or any other company in the same group of the Company. (m) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. (n) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in Xxxxxxxx Islands, which will in turn report this information to the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Xxxxxxxx Islands and the US. 23.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. 23.5. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders or conversations so recorded. 23.6. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client by telephone, sms, fax, email, or post. 23.7. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. This right is exercised in relation to Clients who are natural persons only when they provide their specific consent to that effect. 23.8. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, Client Account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.2. 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 dued iligence checks, for research and statistical purposes and for marketing purposes. Information already in alreadyin the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential. 22.3. 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 by requested jurisdiction over the Company or the Client or their associates or in xxxx whose territory the Company has Clients. (c) To relevant authorities to investigate or prevent fraud, money laundering or other illegal otherillegal activity. (d) To such an extent as reasonably required so as to execute Orders and for purposes forpurposes 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 electronicor 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. (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. To market research call centers that provide telephone or email surveys with the purpose to improvethe services of the Company, in such a case only the contact details the data will be provided.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.124.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.224.2. 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 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. 22.324.3. 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 requested CySEC 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 required 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 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. (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.

Appears in 1 contract

Samples: Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 22.121.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or 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. 22.221.2. 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 research and statistical purposes and separately for marketing purposes, only when the client consent is obtained. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential. 22.321.3. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances: (a) a. Where required by law or a court order by a competent Court. (b) b. Where by requested any regulatory authority having control or jurisdiction over the Company or the Client or their associates or in whose territory the Company has Clients. (c) c. To relevant authorities to investigate or prevent fraud, money laundering laundering, or other illegal activity. (d) d. To such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services. (e) e. To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions for credit checking, fraud prevention, anti-money money f. laundering purposes, identification 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) g. 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) h. To other service providers who create, maintain or process databases (whether electronic or not), offer record record-keeping services, email transmission services, messaging services or similar services which aim to assist the Company to collect, storage, process and use Client information or get in touch with the Client or improve the provision of the Services under this Agreement. (I) 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 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 ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 31.2. of the Client Agreement. 21.4. Client Information may be disclosed in relation to US taxpayers, in compliance with the requirements of the IRS of the US according to the Foreign Account Tax Compliance Act (FATCA) of the USA If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services. The Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee. For more information, the Client may refer to the Company’s Privacy Policy published on the Company’s website. 21.5. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client. 21.6. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such as marketing communications will be made only with the Client’s explicit consent. Any person wishing to opt-out of further marketing communication can do it at any time, based on the Company’s Privacy Policy published on the Company’s website. 21.7. Under Applicable Regulations, the Company at its own discretion may keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement.

Appears in 1 contract

Samples: Client Agreement

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