Common use of Personal Data and Confidentiality Clause in Contracts

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.3. 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. 21.4. 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. 21.5. 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 FSA 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 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. e) 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. f) 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. g) 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. h) 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. i) 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. j) At the Client’s request or with the Client’s consent. k) To an Affiliate of the Company or any other company in the same group of the Company. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.8. 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, fax, email, or post. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.10. 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. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 6 contracts

Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.3. 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. 21.4. 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. 21.5. 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 FSA 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 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. e) 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. f) 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. g) 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. h) 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. i) 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. j) At the Client’s request or with the Client’s consent. k) To an Affiliate of the Company or any other company in the same group of the Company. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.8. 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, fax, email, or post. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.10. 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. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 5 contracts

Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.3. 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. 21.4. 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. 21.5. 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 FSA 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 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. e) 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. f) 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. g) 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). 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. hi) 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. ij) 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. j) At the Client’s request or with the Client’s consent. k) To an Affiliate of the Company or any other company in the same group of the Company. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal datadata 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 21.5. 21.8. 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, fax, email, or post. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.10. 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. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 3 contracts

Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.314.1. The Company may collect client Client information directly from the Client (in his from the completed Account Opening Application Form 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 agencies and the providers of public registers. 21.414.2. Client The Company will use, store, process and handle personal information which the Company holds is to be treated provided by the Company as confidential and will not be used for any purpose other than Client (in case of a natural person) in connection with the provision, administration and improvement provision of the Servicesservices of the Company and in accordance with the Privacy Policy. 14.3. The Company will treat as confidential any Client information it holds, anti‐money laundering and due diligence checks, for research and statistical purposes and for marketing purposesthis information will be used solely in connection with the provision of the services of the Company. Information already in the public domainmade public, or already possessed previously held by the Company without a duty the obligation of confidentiality will not be regarded as confidentialsuch. 21.514.4. The Company has the right to may disclose Client information (including recordings and documents of a confidential nature, card details) private nature in the following circumstances: (a) Where where required by the governing law or a court order by a competent Court.; (b) Where where requested by FSA or any other regulatory authority having that has control or jurisdiction over the Company or the Client or their associates or in whose territory jurisdiction the Company has Clients.; (c) To where required by relevant authorities to investigate or prevent fraud, money laundering or any other illegal activity.; (d) To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions where necessary in order for credit checking, fraud prevention, anti‐money laundering purposes, identification the Company to defend or due diligence checks of the Client. To do so they may check the details the Client supplied against any particulars on any database exercise its legal rights; (public or otherwisee) 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. e) To the Company’s professional advisors provided that in each case the relevant professional party shall be duly informed about the confidential nature of such information and commit to the confidentiality herein obligations as well.; (f) To to credit reference and fraud prevention agencies and other service providers who createfinancial institutions for credit checking, maintain fraud prevention, anti-money laundering purposes, identification 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 due diligence of the Services under this Agreement.Client; (g) 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. h) 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. i) 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. j) At at the Client’s request or with the Client’s consent. k) To an Affiliate of 14.5. Telephone conversations between the Client and the Company or any other company in may be recorded and recordings will be the same group sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders/Instructions/Requests or conversations so recorded. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.814.6. 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, fax, email, or postotherwise. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.1014.7. Under Applicable Regulationsapplicable 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 Client Agreement. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 3 contracts

Sources: Client Agreement, Client Agreement, Client Agreement

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.314.1. The Company may collect client Client information directly from the Client (in his from the completed Account Opening Application Form 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 agencies and the providers of public registers. 21.414.2. Client The Company will use, store, process and handle personal information which the Company holds is to be treated provided by the Company as confidential and will not be used for any purpose other than Client (in case of a natural person) in connection with the provision, administration and improvement provision of the Servicesservices of the Company and in accordance with the Privacy Policy. 14.3. The Company will treat as confidential any Client information it holds, anti‐money laundering and due diligence checks, for research and statistical purposes and for marketing purposesthis information will be used solely in connection with the provision of the services of the Company. Information already in the public domainmade public, or already possessed previously held by the Company without a duty the obligation of confidentiality will not be regarded as confidentialsuch. 21.514.4. The Company has the right to may disclose Client information (including recordings and documents of a confidential nature, card details) private nature in the following circumstances: a) Where where required by the governing law or a court order by a competent Court. b) Where where requested by FSA the VFSC or any other regulatory authority having that has control or jurisdiction over the Company or the Client or their associates or in whose territory jurisdiction the Company has Clients., c) To where required by relevant authorities to investigate or prevent fraud, money laundering or any other illegal activity., d) To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions where necessary for credit checking, fraud prevention, anti‐money laundering purposes, identification the Company to defend 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.exercise its legal rights, e) To to the Company’s professional advisors provided that in each case the relevant professional party shall be duly informed about the confidential nature of such information and commit to the confidentiality herein obligations as well., f) To to credit reference and fraud prevention agencies and other service providers who createfinancial institutions for credit checking, maintain fraud prevention, anti-money laundering purposes, identification 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 due diligence of the Services under this Agreement. Client, g) 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. h) 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. i) 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. j) At at the Client’s request or with the Client’s consent. k) To an Affiliate of 14.5. Telephone conversations between the Client and the Company or any other company in may be recorded and recordings will be the same group sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders/Instructions/Requests or conversations so recorded. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.814.6. 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, fax, email, or postotherwise. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.1014.7. Under Applicable Regulationsapplicable 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 Client Agreement. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.3. 14.1 The Company may collect client Client information directly from the Client (in his from the completed Account Opening Application Form 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 agencies and the providers of public registers. 21.4. Client 14.2 The Company will use, store, process and handle personal information which the Company holds is to be treated provided by the Company as confidential and will not be used for any purpose other than Client (in case of a natural person) in connection with the provision, administration and improvement provision of the Servicesservices of the Company and in accordance with the Privacy Policy. 14.3 The Company will treat as confidential any Client information it holds, anti‐money laundering and due diligence checks, for research and statistical purposes and for marketing purposesthis information will be used solely in connection with the provision of the services of the Company. Information already in the public domainmade public, or already possessed previously held by the Company without a duty the obligation of confidentiality will not be regarded as confidentialsuch. 21.5. 14.4 The Company has the right to may disclose Client information (including recordings and documents of a confidential nature, card details) private nature in the following circumstances: (a) Where where required by the governing law or a court order by a competent Court.; (b) Where where requested by FSA the VFSC or any other regulatory authority having that has control or jurisdiction over the Company or the Client or their associates or in whose territory jurisdiction the Company has Clients.; (c) To where required by relevant authorities to investigate or prevent fraud, money laundering or any other illegal activity.; (d) To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions where necessary in order for credit checking, fraud prevention, anti‐money laundering purposes, identification the Company to defend or due diligence checks of the Client. To do so they may check the details the Client supplied against any particulars on any database exercise its legal rights; (public or otherwisee) 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. e) To the Company’s professional advisors provided that in each case the relevant professional party shall be duly informed about the confidential nature of such information and commit to the confidentiality herein obligations as well.; (f) To to credit reference and fraud prevention agencies and other service providers who createfinancial institutions for credit checking, maintain fraud prevention, anti-money laundering purposes, identification 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 due diligence of the Services under this Agreement.Client; (g) 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. h) 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. i) 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. j) At at the Client’s request or with the Client’s consent. k) To an Affiliate of 14.5 Telephone conversations between the Client and the Company or any other company in may be recorded and recordings will be the same group sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders/Instructions/Requests or conversations so recorded. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.8. 14.6 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, fax, email, or postotherwise. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.10. 14.7 Under Applicable Regulationsapplicable 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 Client Agreement. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 2 contracts

Sources: Clients Trading Agreement, Clients Trading Agreement

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.3. 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. 21.4. 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. 21.5. 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 FSA 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 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. e) 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. f) 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. g) 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). 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. hi) 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. ij) 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. jk) At the Client’s request or with the Client’s consent. kl) To an Affiliate of the Company or any other company in the same group of the Company. lm) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal datadata 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 21.5. 21.8. 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, fax, email, or post. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.10. 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. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 2 contracts

Sources: Terms and Conditions, Client Agreement

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.314.1. The Company may collect client Client information directly from the Client (in his from the completed Account Opening Application Form 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 agencies and the providers of public registers. 21.414.2. Client The Company will use, store, process and handle personal information which the Company holds is to be treated provided by the Company as confidential and will not be used for any purpose other than Client (in case of a natural person) in connection with the provision, administration and improvement provision of the Servicesservices of the Company and in accordance with the Privacy Policy. 14.3. The Company will treat as confidential any Client information it holds, anti‐money laundering and due diligence checks, for research and statistical purposes and for marketing purposesthis information will be used solely in connection with the provision of the services of the Company. Information already in the public domainmade public, or already possessed previously held by the Company without a duty the obligation of confidentiality will not be regarded as confidentialsuch. 21.514.4. The Company has the right to may disclose Client information (including recordings and documents of a confidential nature, card details) private nature in the following circumstances: (a) Where where required by the governing law or a court order by a competent Court.; (b) Where where requested by FSA the VFSC or any other regulatory authority having that has control or jurisdiction over the Company or the Client or their associates or in whose territory jurisdiction the Company has Clients.; (c) To where required by relevant authorities to investigate or prevent fraud, money laundering or any other illegal activity.; (d) To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions where necessary in order for credit checking, fraud prevention, anti‐money laundering purposes, identification the Company to defend or due diligence checks of the Client. To do so they may check the details the Client supplied against any particulars on any database exercise its legal rights; (public or otherwisee) 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. e) To the Company’s professional advisors provided that in each case the relevant professional party shall be duly informed about the confidential nature of such information and commit to the confidentiality herein obligations as well.; (f) To to credit reference and fraud prevention agencies and other service providers who createfinancial institutions for credit checking, maintain fraud prevention, anti-money laundering purposes, identification 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 due diligence of the Services under this Agreement.Client; (g) 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. h) 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. i) 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. j) At at the Client’s request or with the Client’s consent. k) To an Affiliate of 14.5. Telephone conversations between the Client and the Company or any other company in may be recorded and recordings will be the same group sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders/Instructions/Requests or conversations so recorded. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.814.6. 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, fax, email, or postotherwise. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.1014.7. Under Applicable Regulationsapplicable 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 Client Agreement. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.3. 14.1 The Company may collect client Client information directly from the Client (in his from the completed Account Opening Application Form 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 agencies and the providers of public registers. 21.4. Client 14.2 The Company will use, store, process and handle personal information which the Company holds is to be treated provided by the Company as confidential and will not be used for any purpose other than Client (in case of a natural person) in connection with the provision, administration and improvement provision of the Servicesservices of the Company and in accordance with the Privacy Policy. 14.3 The Company will treat as confidential any Client information it holds, anti‐money laundering and due diligence checks, for research and statistical purposes and for marketing purposesthis information will be used solely in connection with the provision of the services of the Company. Information already in the public domainmade public, or already possessed previously held by the Company without a duty the obligation of confidentiality will not be regarded as confidentialsuch. 21.5. 14.4 The Company has the right to may disclose Client information (including recordings and documents of a confidential nature, card details) private nature in the following circumstances: (a) Where where required by the governing law or a court order by a competent Court.; (b) Where where requested by FSA or any other regulatory authority having that has control or jurisdiction over the Company or the Client or their associates or in whose territory jurisdiction the Company has Clients.; (c) To where required by relevant authorities to investigate or prevent fraud, money laundering or any other illegal activity.; (d) To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions where necessary in order for credit checking, fraud prevention, anti‐money laundering purposes, identification the Company to defend or due diligence checks of the Client. To do so they may check the details the Client supplied against any particulars on any database exercise its legal rights; (public or otherwisee) 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. e) To the Company’s professional advisors provided that in each case the relevant professional party shall be duly informed about the confidential nature of such information and commit to the confidentiality herein obligations as well.; (f) To to credit reference and fraud prevention agencies and other service providers who createfinancial institutions for credit checking, maintain fraud prevention, anti-money laundering purposes, identification 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 due diligence of the Services under this Agreement.Client;‌ (g) 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. h) 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. i) 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. j) At at the Client’s request or with the Client’s consent. k) To an Affiliate of 14.5 Telephone conversations between the Client and the Company or any other company in may be recorded and recordings will be the same group sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders/Instructions/Requests or conversations so recorded. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.8. 14.6 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, fax, email, or postotherwise. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.10. 14.7 Under Applicable Regulationsapplicable 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 Client Agreement. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 1 contract

Sources: Client Agreement

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. 21.1 By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their business relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their its services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them the Company for as long as necessary under the regulatory regime. 21.3. 21.2 The Company may collect client information directly from the Client (in his though the Client’s 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. 21.4. 21.3 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 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. 21.5. 21.4 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 FSA the FSC 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 Clientsclients. c) To relevant authorities to investigate or prevent fraud, money laundering or any other illegal activity. d) 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 so, they may check the details of the Client supplied against any particulars on or any database (public or otherwise) to which they have the Company has access. They may also use Client the Client’s details in the future to assist other companies for verification purposes. A record of the search will be retained by the Company. e) 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. f) 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 collect, storagestore, process and use the Client information or get in touch with the Client or improve the provision of the Services under this Agreement. g) 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. h) 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. i) 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 Authoritygovernment authority. j) At the Client’s request or with the Client’s consent. k) To an Affiliate affiliate of the Company or any other company in the same group of the Company. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice written notice to the Client, and for the purposes of paragraph 36.2 Paragraph 35.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above above-mentioned clauses, they the Company will take all reasonable steps to do so in a secured manner. 21.6. 21.5 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 relevant privacy laws and regulations 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 feefine. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.8. 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, fax, email, or post. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.10. 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. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 1 contract

Sources: Client Agreement

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.314.1. The Company may collect client Client information directly from the Client (in his from the completed Account Opening Application Form 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 agencies and the providers of public registers. 21.414.2. Client The Company will use, store, process and handle personal information which the Company holds is to be treated provided by the Company as confidential and will not be used for any purpose other than Client (in case of a natural person) in connection with the provision, administration and improvement provision of the Servicesservices of the Company and in accordance with the Privacy Policy. 14.3. The Company will treat as confidential any Client information it holds, anti‐money laundering and due diligence checks, for research and statistical purposes and for marketing purposesthis information will be used solely in connection with the provision of the services of the Company. Information already in the public domainmade public, or already possessed previously held by the Company without a duty the obligation of confidentiality will not be regarded as confidentialsuch. 21.514.4. The Company has the right to may disclose Client information (including recordings and documents of a confidential nature, card details) private nature in the following circumstances: a) Where where required by the governing law or a court order by a competent Court.; b) Where where requested by FSA or any other regulatory authority having that has control or jurisdiction over the Company or the Client or their associates or in whose territory jurisdiction the Company has Clients.; c) To where required by relevant authorities to investigate or prevent fraud, money laundering or any other illegal activity.; d) To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions where necessary in order for credit checking, fraud prevention, anti‐money laundering purposes, identification the Company to defend 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.exercise its legal rights; e) To to the Company’s professional advisors provided that in each case the relevant professional party shall be duly informed about the confidential nature of such information and commit to the confidentiality herein obligations as well.; f) To to credit reference and fraud prevention agencies and other service providers who createfinancial institutions for credit checking, maintain fraud prevention, anti-money laundering purposes, identification 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 due diligence of the Services under this Agreement.Client; g) 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. h) 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. i) 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. j) At at the Client’s request or with the Client’s consent. k) To an Affiliate of 14.5. Telephone conversations between the Client and the Company or any other company in may be recorded and recordings will be the same group sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders/Instructions/Requests or conversations so recorded. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do so in a secured manner. 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.814.6. 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, fax, email, or postotherwise. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.1014.7. Under Applicable Regulationsapplicable 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 Client Agreement. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 1 contract

Sources: Client Agreement

Personal Data and Confidentiality. 21.1. The Company is registered with the Personal Data Protection Commissioner’s Office for the purposes of personal data processing. Therefore, the Client’s personal data is kept and handled in accordance with the Data Protection Law 138 (I) 2001, as amended from time to time. 21.2. By entering into the Agreement, the Client provides the Company consent to store and process the data they provided the Company with upon registering for an Account and/or throughout their relationship. This includes any data which may be considered sensitive. The Client has the right to withdraw their consent at any time by notifying the Company in writing. However, as the Company may not be able to provide the Client with their services, should the Client choose to do so, the Company reserves the right to refuse to enter into, or terminate the Agreement. The Client understands that the Company is required to keep all records of the Client’s data and dealings with them for as long as necessary under the regulatory regime. 21.3. 14.1 The Company may collect client Client information directly from the Client (in his from the completed Account Opening Application Form 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 agencies and the providers of public registers. 21.4. Client 14.2 The Company will use, store, process and handle personal information which the Company holds is to be treated provided by the Company as confidential and will not be used for any purpose other than Client (in case of a natural person) in connection with the provision, administration and improvement provision of the Servicesservices of the Company and in accordance with the Privacy Policy. 14.3 The Company will treat as confidential any Client information it holds, anti‐money laundering and due diligence checks, for research and statistical purposes and for marketing purposesthis information will be used solely in connection with the provision of the services of the Company. Information already in the public domainmade public, or already possessed previously held by the Company without a duty the obligation of confidentiality will not be regarded as confidentialsuch. 21.5. 14.4 The Company has the right to may disclose Client information (including recordings and documents of a confidential nature, card details) private nature in the following circumstances: (a) Where where required by the governing law or a court order by a competent Court.; (b) Where where requested by FSA the SCB or any other regulatory authority having that has control or jurisdiction over the Company or the Client or their associates or in whose territory jurisdiction the Company has Clients.; (c) To where required by relevant authorities to investigate or prevent fraud, money laundering or any other illegal activity.; (d) To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions where necessary in order for credit checking, fraud prevention, anti‐money laundering purposes, identification the Company to defend or due diligence checks of the Client. To do so they may check the details the Client supplied against any particulars on any database exercise its legal rights; (public or otherwisee) 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. e) To the Company’s professional advisors provided that in each case the relevant professional party shall be duly informed about the confidential nature of such information and commit to the confidentiality herein obligations as well.; (f) To to credit reference and fraud prevention agencies and other service providers who createfinancial institutions for credit checking, maintain fraud prevention, anti-money laundering purposes, identification 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 due diligence of the Services under this Agreement.Client; (g) 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. h) 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. i) 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. j) At at the Client’s request or with the Client’s consent. k) To an Affiliate of 14.5 Telephone conversations between the Client and the Company or any other company in may be recorded and recordings will be the same group sole property of the Company. l) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 36.2 . The Client accepts such recordings as conclusive evidence of the Client Agreement. Where the Company discloses and/or shares any of the Client’s information as per the above mentioned clauses, they will take all reasonable steps to do Orders/Instructions/Requests or conversations so in a secured manner.recorded.‌ 21.6. 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. 21.7. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 21.5. 21.8. 14.6 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, fax, email, or postotherwise. 21.9. Where the Client has been introduced to the Company by a third party pursuant to an introducer agreement between the Company and the third party (the ‘Affiliate’), the Affiliate may have access to a certain extent to information about the Client’s dealings with the Company. 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. 21.10. 14.7 Under Applicable Regulationsapplicable 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 Client Agreement. 21.11. The Company will take all reasonable steps to keep the Client’s personal data safe, nonetheless, transmission of information via the internet and/or other networks is not always completely secure. The Company will not be liable for any transmission of data from the Client to the Company.

Appears in 1 contract

Sources: Client Agreement