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

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 26.1 The Company may collect Client information directly from the Client (in his completed Registration 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; 26.2 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; 26.3 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 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; (h) 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 electronic mail (e-mail) 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 permitted successors or assignees or transferees or buyers, with fifteen

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 26.1 ‌ 27.1. The Company may collect Client information directly from the Client (in his completed Registration 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 registerspublicregisters; 26.2 27.2. 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; 26.3 27.3. 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 CourtcompetentCourt; (b) Where requested by FSCA 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 ’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 wellaswell; (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 (hEU) 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 ’s marketing, in such a case the data will be provided in an aggregate form; (ij) To market research call centres centers that provide telephone or electronic mail (e-mail) surveys with the purpose to improve the services of the Company, in such a case only the contact details data will be provided; (jk) 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 authoritygovernmentalauthority; (kl) At the Client's ’s request or with the Client's consentClient’sconsent; (lm) To an Affiliate of the Company or any other company in the same group of the Company. (mn) To permitted successors or assignees or transferees or buyers, with fifteenfifteen (15) Business Days prior written notice to theClient; o) Client Information is disclosed in relation to US taxpayers to the Inland Revenue in the Republic of Cyprus, which will in turn report this information to the Internal Revenue Service (IRS) of the U.S. according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between the Republic of Cyprus and the U.S. 27.4. 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 amended, 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; 27.5. 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 27.3; 27.6. 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 sorecorded; 27.7. 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 theClient; 27.8. 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, facsimile, electronic mail (e-mail) or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him/her or to conduct market research. 27.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, Client’s Trading Account(s) opening documents, communications and anything else which relates to the Client for at least five (5) years after termination of the Agreement.

Personal Data, Confidentiality, Recording of Telephone Calls and Records. 26.1 30.1. The Company may collect Client information directly from the Client (in his completed Registration 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; 26.2 30.2. 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; 26.3 30.3. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances: (a) i. Where required by law or a court order by a competent Court; (b) ii. Where requested by FSCA 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) iii. To relevant authorities to investigate or prevent fraud, money laundering or other illegal activity; (d) iv. To such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services; (e) v. 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) vi. To the Company's ’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) vii. 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; viii. To a Trade Repository or similar under the Regulation (hEU) 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); ix. To other service providers for statistical purposes in order to improve the Company's ’s marketing, in such a case the data will be provided in an aggregate form; (i) x. To market research call centres that provide telephone or electronic mail (e-mail) surveys with the purpose to improve the services of the Company, in such a case only the contact details data will be provided; (j) xi. 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) xii. At the Client's ’s request or with the Client's ’s consent; (l) xiii. To an Affiliate of the Company or any other company in the same group of the Company.; (m) xiv. To permitted successors or assignees or transferees or buyers, with fifteenfifteen (15) Business Days prior written notice to the Client; xv. Client Information is disclosed in relation to US taxpayers to the Inland Revenue in the Republic of Cyprus, which will in turn report this information to the Internal Revenue Service (IRS) of the U.S. according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between the Republic of Cyprus and the U.S. xvi. To third parties engaging with the Company to help carry out certain internal functions such as account processing, fulfilment, client service or other data collection activities relevant to the Company’s business. xvii. To credit reporting or collection agencies as reasonably required to provide their services to the Company and/or its clients; xviii. Client information is disclosed in compliance with the common reporting standard (CRS) for the automatic exchange of financial account information developed by the Global Forum of the Organization for Economic Co-Operation and Development (OECD); in the cases where your tax residence is located outside Cyprus, the Company may be legally obliged to pass on the information and other financial information with respect to your financial accounts to Cyprus tax authorities and they may exchange this information with tax authorities of another jurisdiction or jurisdictions pursuant to intergovernmental agreements to exchange financial account information. 30.4. 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 amended, 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). The Company reserves the right to charge the Client an administrative fee for provision of such information; 30.5. 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 31.3; 30.6. Telephone conversations and electronic communications between the Client and the Company will be recorded and kept by the Company for a period of up to seven years and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations so recorded. Such recordings shall be provided to the Client upon request. 30.7. 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; 30.8. The Client accepts that the Company, from time to time contact him/her, by telephone, facsimile, electronic mail (e-mail) or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him/her or to conduct market research. 30.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, Client’s Trading Account(s) opening documents, communications and anything else which relates to the Client for at least five (5) years after termination of the Agreement.