Note: The English version of this agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and the other versions.The protection of privacy and the safeguarding of our Clients’ personal and financial information is of great importance to us.
Safecap Investments Limited is a company incorporated under the laws of Cyprus, the registered office of which is at 148 Strovolou Ave., Strovolos, 2048 Nicosia, Cyprus (“Safecap”) and is an investment services firm regulated in the conduct of its activities by the Cyprus Securities and Exchange Commission (“CySEC”) under license number 092/08 and the Financial Services Board of South Africa under license 43906, and its activities include the receipt, transmission and execution of client orders in financial instruments, including through the use of electronic trading platforms.
References in this document to “Personal Data” are references to personal data and sensitive personal data as defined in Processing of Personal Data (Protection of Individuals) Law 138(I) of 2001 of the Republic of Cyprus as amended or replaced (the “Personal Data Law”), and where you are a corporate entity, shall include personal data and sensitive personal data of any of your directors, employees, officers, agents or clients.
References in this document to “Associate" are references to an undertaking being a member of our Group, a representative whom we or another undertaking of our Group appoint, or any other person with whom we have a contractual, agency or other relationship that might reasonably be expected to give rise to a community of interest between us and them.
References in this document to “Group” are references to Safecap and any entity controlled by or controlling Safecap and entities under common ownership and control with Safecap where “control” means direct or indirect control, of at least 20% of the voting rights or capital of an undertaking;
When collecting, processing and storing Personal Data provided by you, we are subject to the provisions of the Personal Data Law.
We, our Associates, any persons deriving rights from us or our Associates, any members of our Group, agents or sub-contractors which we engage or work through for the purpose of collecting, storing and processing Personal Data and any third parties acting on our or their behalf (“Third Parties”) may collect, process use and store Personal Data provided by you for the purposes of, or related to, carrying out the transactions and other services which we provide to you, operational support and development of our or their businesses, providing us or them with professional or other services, in enforcing our or their contractual or other rights, and for the purposes of enabling compliance with the contractual, legal and regulatory provisions anywhere in the world to which we or our Associates and Third Parties are subject. By opening an account, you hereby consent to such collection, processing, storage and use of Personal Data by us, our Associates or Third Parties in accordance with the provisions contained herein, and agree that processing and storage of Personal Data provided to us by you may be carried out in or from any jurisdiction within or outside of the European Union including in or to countries or territories which do not offer the same level of protection of Personal Data as is enjoyed within the European Union.
You further represent and undertake that where you are a non-physical person providing to us Personal Data of any individual or where you are an individual providing us with Personal Data of any individual other than yourself, by opening an account with us you thereby undertake and represent that such person, whose Personal Data is collected, stored and processed in accordance with the provisions contained herewith, has been informed of and has given their consent to such collection, storage and processing of their Personal Data in accordance with the provisions contained herein and that they have been informed of their rights in relation to their Personal Data which is held and processed in accordance with the provisions contained herein.
COLLECTION OF PERSONAL INFORMATION
Safecap collects the necessary information required to open, transact and safeguard your assets and your privacy and to provide you with the services you require. To this end, Safecap gathers information from you and may, in certain circumstances, gather information from relevant banks and/or credit agencies, and/or other sources (such as ID3Global) which help us profile your requirements and preferences and provide better services to you.
The information Safecap collects may include:
- Application information
Personal information you provide us in your application form, such as your name, address, date of birth, email address, income and income source etc. in order to facilitate the evaluation of your application. The information you provide us is also used for the purposes of communicating with you.
- Transaction information
Information about the anticipated volume and value of your transactions with us and income information provided in order to enable the construction of your economic profile.
- Verification information
Information necessary to verify your identity, such as an identification card, passport or driver’s license. This also includes background information we receive about you from public records or from other entities not affiliated with Safecap.
USAGE OF PERSONAL INFORMATION/OPT OUT
Safecap uses Personal Data only as required to provide quality service to you. This information helps improve services, customize browsing experience and enables us to inform you of additional products, services or promotions relevant to you and the products and services you require and you consent to us using this data for such purposes.
If you do not want to receive information of this nature for any reason, please contact us at the following address: firstname.lastname@example.org.
PROTECTION OF PERSONAL INFORMATION
Any personal information you provide us will, subject to our Terms and Conditions, be treated as confidential and shared only within Safecap and its Associates and will not be disclosed to any third party except under any regulatory or legal proceedings.
The personal information that you provide in connection with registering yourself as a user of www.markets.com is protected in many ways. You can access your registration Information through a password selected by you. This password is encrypted and known only to you and shall not be revealed to anyone else.
Registration Information is safely stored on secure servers that only authorised personnel have access to via password. Safecap encrypts all personal information as it is transferred to Safecap and thus makes all necessary effort to prevent unauthorised parties from viewing any such information.
Right of Access to the Personal Data which we hold
You have a right, upon request, to be provided with information as to your Personal Data which we hold and which is subject to processing as well as to request copies of documents with your Personal Data where this is not disproportionately burdensome for us.
You have a right to request, and be provided with the following:
- Information regarding all your Personal Data which we hold and which has been subject to processing as well as information as to how such data was obtained, the purpose for which the data is processed, the recipients, the categories of data processed or to be processed, the processing which has taken place since the data subject was last updated regarding the processing and the rationale behind the automated processing system;
- Any correction and deletion of your Personal Data which has not been processed in accordance with the applicable requirements due to lack of information or discrepancies;
- Any notification made to any third party as to any amendments made in accordance with (b) above, unless this would be disproportionally burdensome for us.
Where we do not provide you with a reply within 4 weeks of your request, you have the right to submit a complaint to the Data Protection Commissioner of Cyprus.
We note that we may refuse to provide you with information in accordance with the provisions of this paragraph where to do so would jeopardize the investigation or adjudication of criminal proceedings or where this would jeopardize political, financial and fiscal stability.
Where you request information in accordance with the provisions of this paragraph, we may impose a reasonable fee in respect of the cost to us in providing such information and/or documentation. Where a request for amendment of your Personal Data is well founded, we will return to you any fees paid in connection with this and we will provide you with a copy of the amended record of your Personal Data, free of charge.
Right to object to the Personal Data which we hold
You have the right to oppose the processing of your Personal Data where this is imperative and for legitimate purposes which are directly related to your personal circumstances.
Your right to object to the processing of your Personal Data, in accordance with the above, must be exercised in writing. We may accept any such request or we may reject it providing reasons for such rejection. In the case of our failure to reply or our rejection of your request, you may submit a complaint to the Data Protection Commissioner of Cyprus in relation to such rejection.
The processing of your Personal Data by us is essential in order for us to be able to provide you with services and enter into transaction with you, as well as for the purposes of compliance with the legal and regulatory obligations to which we are subject. As such, although you are not required to provide Safecap any of the Personal Data that we may request, please note that failure to do so could result in Safecap not being able to open your account or provide you with the service you require.
Whilst we attempt to ensure that all the information we hold about you is current, accurate and complete, we urge you to immediately contact us if any of your personal details have changed.
AFFILIATES AND PARTNERS
Safecap may share information with partners, Associates and Third Parties in the event such information is reasonably required by such Associates and Third Parties in order to:
- offer additional similar products and services that meet your needs and which are delivered in a manner that is useful and relevant (only where you have authorized us to do so); and/or
- service customer accounts.
NON-AFFILIATED THIRD PARTIES
Safecap does not sell, license, lease or otherwise disclose personal information to third parties, except as described in this Privacy Statement.
Safecap reserves the right to disclose information as necessary to credit reporting or collection agencies as reasonably required in order to provide the services to you.
To help us improve our services, Safecap may engage third parties to help carry out certain internal functions such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. Use of the shared information may also be used to provide professional, legal, or accounting advice to Safecap. Use of shared information is strictly limited to the performance of the above and is not permitted for any other purpose. All third parties with which Safecap shares personal information are required to protect such personal information in accordance with all relevant legislation and in a manner similar to the way Safecap protects the same. Safecap will not share personal information with third parties which it considers will not afford its Clients the required level of protection.
Where you have been introduced to us by a Business Introducer, such Business Introducer may have access to your personal information. You hereby unambiguously and unequivocally consent to the sharing of personal information with such Business Introducer.
Safecap reserves the right to disclose Personal Data to third parties where required by law, regulatory, law enforcement or other government authority of a competent jurisdiction in order to protect our rights and/or to comply with such legal proceedings. Such disclosure shall occur on a ‘need-to-know’ basis, unless otherwise instructed by a regulatory or other government authority. Under such circumstances, Safecap shall expressly inform the third party regarding the confidential nature of the information.
Without limiting the foregoing, Safecap, as a regulated Cyprus Investment Firm, is required to comply with certain obligations under the Intergovernmental Agreement between Cyprus and the United States and has taken all reasonable steps to be considered in compliance with FATCA.
The Client acknowledges and accepts that Safecap is required to disclose information in relation to any US reportable persons to the relevant authorities, in accordance with the reporting requirements of FATCA. The Client may contact Safecap for additional information or clarifications prior to the signing of this Agreement.
RESTRICTION OF RESPONSIBILITY
USE OF "COOKIES"
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Safecap may share website usage statistics with reputable advertising companies and with its affiliated marketing companies. The information collected by the advertising company is not personally identifiable.
PRIVACY STATEMENT UPDATES