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

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 23.1. The Company may collect Client information directly from the Client (in their 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-party authentication service providers and the providers of public registers. 23.2. 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/counter-terrorism financing 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. 23.3. 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 ASIC 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-party authentication service providers, banks and other financial institutions for credit checking, credit card checks, fraud prevention, anti-money laundering/counter-terrorism financing 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. (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 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 23.124.1. The Company may collect Client client information directly from the Client (in their 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-party third authentication service providers and the providers of public registers. 23.224.2. 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/counter-terrorism financing 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. 23.324.3. 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 ASIC 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-party third authentication service providers, banks and other financial institutions for credit checking, credit card checks, fraud prevention, anti-money laundering/counter-terrorism financing 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 RepositoryRepository 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) 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 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 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 with General Data Protection Regulation (GDPR) (EU) 2016/679 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), provided that the Client pays an administrative fee. For more information the Client may refer to Company’s Privacy Policy published on Company’s website. 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 General Data Protection Regulation (GDPR) (EU) 2016/679 as this may be amended and/or supplemented and/ or replaced from time to time, for the reasons specified in paragraph 24.3 of this Client Agreement. 24.6. Telephone conversations and communications between the Client and the Company 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 or 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, 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 explicit consent. Any person wishing to opt out of further marketing communication can do it at any time, based on Company’s Privacy Policy published on Company’s website. 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 2 contracts

Samples: Client Agreement, Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 23.124.1. The Company may collect Client client information directly from the Client (in their 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-party third authentication service providers and the providers of public registers. 23.224.2. 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/counter-terrorism financing 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. 23.324.3. 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 ASIC 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-party third authentication service providers, banks and other financial institutions for credit checking, credit card checks, fraud prevention, anti-money laundering/counter-terrorism financing 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 RepositoryRepository 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) 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 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 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 with General Data Protection Regulation (GDPR) (EU) 2016/679 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), provided that the Client pays an administrative fee. For more information the Client may refer to Company’s Privacy Policy published on Company’s website. 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 General Data Protection Regulation (GDPR) (EU) 2016/679 as this may be amended and/or supplemented and/ or replaced from time to time, for the reasons specified in paragraph 24.3 of this Client Agreement. 24.6. Telephone conversations and communications between the Client and the Company 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 or 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.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 23.125.1. The Company is the data controller in Cyprus and is bound by GDPR. You hereby acknowledge and agree to the collection and processing of personal data provided by you in connection with the opening if a trading account for the purpose of performing or obligations under these Terms and Conditions and for administering the relationship between you and us. 25.2. The Company may collect Client collect, use, store or otherwise process personal information provided directly from by the Client (in their 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-party authentication service providers and the providers of public registers. 23.225.3. 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/counter-terrorism financing 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. 23.325.4. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances: (a) Where required by law or a court order by a competent Court. (b) Where requested by ASIC 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-party authentication service providers, banks and other financial institutions for credit checking, credit card checks, fraud prevention, anti-money laundering/counter-terrorism financing 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 obligations 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 RepositoryRepository 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) 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 a 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 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. 25.5. 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 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. 25.6. 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 amended from time to time, for the reasons specified in paragraphs 24.2. and 24.3. 25.7. 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. 25.8. 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, short message service (“sms”), fax, email, or post. 25.9. 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 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. 25.10. 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 (5) years after termination of the Agreement. 25.11. By submitting an Account Opening Application Form and subsequently entering into the Agreement with us, you are consenting to the transmittal of your personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001. 25.12. Faxed documents received by the Company may be electronically scanned and reproduction of the scanned version shall constitute conclusive evidence of such faxed instructions. 25.13. 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. 25.14. Faxed documents received by the Company may be electronically scanned and reproduction of the scanned version shall constitute conclusive evidence of such faxed instructions. 25.15. Our records will be evidence of your dealings with us in connection with the Trading Platform. You will not rely on us to comply with your record keeping obligations, although records may be made available to you on request in our absolute discretion. You will not object to the admission of our records as evidence in any legal or regulatory proceedings because such records are not originals, are not in writing or are documents produced by a computer. 25.16. 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 or a Transaction. 25.17. Telephone conversations and communications between the Client and the Company as well as well as internal communications which relate to the Client` affairs and/or Transactions and/or Orders are recorded and kept by the Company and such recordings and communication will be the sole property of the Company. The Client accepts such recordings or communication as conclusive evidence of the Orders or conversations so recorded. A copy of such recordings and communications as well as internal communications which relate to the Client` affairs and/or Transactions and/or Orders will be available on request by the Client for a period of five (5) years and where requested by CySEC for a period of up to seven years. 25.18. Under certain circumstances, you have the right in relation to your personal data: (a) Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it; (b) Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. (c) Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. (d) Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. (e) Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. (f) Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. (g) Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Appears in 1 contract

Samples: Client Agreement