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FX Central Clearing Ltd (hereinafter the “Company” or “we” or “FXCC” or “us”) is regulated by the Cyprus Securities and Exchange Commission under license 121/10. This Privacy Policy explains the way FXCC collects uses and manages personal information from its active clients and potential clients. FXCC is committed to safeguarding your privacy. By opening a trading account with FXCC the client gives consent to such collection, processing, storage and use of personal information by FXCC as explained below.

It is the Company’s policy to respect the confidentiality of information and the privacy of individuals. FXCC is bound by the Data Protection Principles contained in the Processing of Personal Data (Protection of Individuals) Law of 2001, as amendment in 2003, the Regulation of Electronic Communications and Postal Services Law of 2004 and The General Data Protection Regulation (GDPR) (EU) 2016/679 effected as from the 25th of May 2018.

The information contain herein supersedes any information in relation to the processing of personal data that is included in any of the existing Agreements/Client Agreement and associated forms on matters that are covered by this Privacy Policy.

As per the relevant sections of the Law 2016/679, if you are a natural person, the Company is the personal data processor and controller of your personal data in relation to the processing activities which your personal data undergo as stated further below.

For the purposes of this statement:

Personal Data shall mean any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Controller shall mean the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
Processor shall mean a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

This Privacy Policy aims to give you information on how we collect and processes your personal data, including any data you may provide through our website when you sign up to our website.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Policy supplements the other policies and is not intended to override them.

At FXCC we understand the importance of maintaining the confidentiality of our Client’s personal information and are committed towards ensuring the security of any information provided by our clients through this website.

2. PRIVACY POLICY UPDATES

FXCC’s Privacy Policy Statement will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and to make sure it remains appropriate to the changing environment. Any information we hold will be governed by the most current Privacy Policy Statement. The revised Privacy Policy will be uploaded in the FXCC website. In this respect, the clients hereby agree to accept posting of a revised Privacy Policy electronically on the website as the actual notice of FXCC to its clients. If any of the changes made are of material importance then we will notify you by email or by means of a notice on the home page. Any dispute over FXCC Privacy Policy is subject to this notice and the Client Agreement. FXCC encourages its clients to periodically review this Privacy Policy so that they are always aware of what information FXCC collects, how it uses it and to whom it may disclose it, in accordance with the provisions of this Policy.

3. COLLECTION OF PERSONAL INFORMATION

As part of the Company’s client account opening procedures and ongoing obligations, needs to abide with the legislative framework currently in place with the Cyprus Securities and Exchange Commission (‘CySEC’). Specifically, the Company shall comply with its legal obligations under the AML Law (Law 13(I)/2018), as amended, and the AML Directive (Directive DI144-2007-08 of 2012) for the establishment on the Client’s economic profile and prevention of money-laundering as well as abide with the relevant record keeping obligations under the European Commission Delegated Regulation (EU) 2017/565 (‘Delegated Regulation’) and Law 87(I)/2017 for establishing the suitability and appropriateness of each Client based on the services offered by each CIF and recordings of telephone conversations, client transactions, FATCA and CRS.

The Company based to the above-mentioned, is obliged to request, collect and maintain for at least five (5) years the following:

Customer’s full name.
Date of birth.
Place of birth.
Nationality
Home and work addresses.
Home and work telephone numbers.
Mobile / Telephone Number.
Email address.
Copy of the Passport and/or Identity Card.
Utility bill (including the full address of the client)
Employer’s name
Industry of Employment
Information on employment status and income
Information about previous trading experience and risk tolerance.
Information on education and profession
Tax Domicile and Tax ID Number.
Gross Annual Income
Net worth
Anticipated turnover
Financial Data includes [bank account and payment card details].
Transaction Data includes [details about payments to and from you].
Technical Data includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website].
Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses].
Usage Data includes [information about how you use our website, products and services].
Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

We may also gather certain information about your use of our services. This may include information from which you and/or your company can be identified such as the times you log on, your volume of use of the services, the types of data, systems and reports you access, the locations from which you log on, duration of sessions and other similar data. The information collected may be also lawfully obtained from third parties, such as public authorities, companies that have introduced you to FXCC, card processing companies, as well as publicly available sources that we are lawfully permitted to process.

Your electronic and/or telephone communication with us is recorded and it is the sole property of FXCC and constitutes proof of communication between us.

You have a choice to supply any or all of the personal information required. However, missing information may result in our being unable to open or maintain your account and /or to provide you with our services

Further to the above, the Company may also request further information to improve its Service to you (Existing or Potential Clients) or our activities (if you are our Provider for Trading Data) under our relevant Agreement, as the case may be, or comply with Applicable Regulations.

The Company records any communications, electronic, by telephone, in person or otherwise, that we have with you in relation to the services that were provided by the Company to you and the relationship with you. The said recordings will be the Company’s sole property and will constitute evidence of the communications between the Company and you.

4. USES MADE OF YOUR PERSONAL INFORMATION

The Company will use, store, process and handle Your Personal Data in accordance with the General Data Protection Regulation 2016/679 and the Processing of Personal Data (Protection of the Individual) Law of 2001, as amended or replaced from time to time. We gather process and manage the information which allows us to perform our contractual obligations with you and to be compliant with our legal obligations.

Below are the purposes for which your personal information is processed:

1. Performance of a contract

We process your data so as to provide you with our services and products, and to be able to complete our acceptance procedure in order to enter into a contractual relationship with our clients. In order to complete our client on-boarding we need to verify your identity, perform the customer due diligence as per the regulatory obligations, and we need to use the acquired details to effectively manage your trading account with FXCC.

2. Compliance with a legal obligation

A number of legal obligations are imposed by relevant laws to which we are subject, as well as statutory requirements, e.g. anti-money laundering laws, financial services laws, corporation laws, privacy laws and tax laws. In addition, there are various supervisory authorities whose laws and regulations apply to us, which impose necessary personal data processing activities for credit card checks, payment processing, identity verification and compliance with court orders.

3. For the purpose of safeguarding legitimate interests

FXCC processes personal data so as to safeguard the legitimate interests pursued by us or by a third party, where the legitimate interest is when we have a business or commercial reason to use your information. Nevertheless, it must not go unfairly against you and what is best for you. Examples of such processing activities include:

Initiating court proceedings and preparing our defense in litigation procedures;
means and processes we undertake to provide for the Company’s IT and system security, preventing potential crime, asset security, admittance controls and anti-trespassing measures;
measures to manage business and for further developing products and services;
risk management.

4. For internal business purposes and record keeping

It may be required to process your personal data for internal business and record keeping purposes, which is in our own legitimate interest and is required in order to comply with our legal obligations. We will also keep records in order to ensure that you comply with your contractual obligations pursuant to the agreement governing our relationship with you.

5. For legal notifications

Occasionally, the law requires us to advise you of certain changes to products and/or services or laws. We may need to inform you of the changes related to our products and services, therefore we will be obliged to process your personal information to send you the legal notifications. You will continue to receive this information even if you opt not to receive direct marketing information from us.

6. For Marketing Purposes

We may use your data for research and analysis purposes, and your trading history in order to deliver any analysis, reports, campaigns that may interest you to your registered email address. Please note that you always have the right to change your option in case that you do not wish to receive such communications any longer.

If you do not want us to use your personal information in this way, please send an email to [email protected] asking not to be contacted for any marketing purposes.

7. To assist us in improving our products and services

We may use the personal information provided by you to ensure the highest standards when providing our products and services.

5. DISCLOSURE OF YOUR INFORMATION

The main purpose we use your personal information for is to enable us understand your financial objectives and ensure that relevant services are appropriate to your profile. Further, this information helps FXCC to provide quality services. While we may send you marketing material (including but not limited to SMS or email communication for you to view, margin calls, or other information) from time to time that we think will be useful to you, we are conscious of the need to respect your privacy. Unless you are informed otherwise, the personal information we hold is used for establishing and managing your account, reviewing your ongoing needs, enhancing customer service and products and giving you ongoing information or opportunities that we believe may be relevant to you.

FXCC will not disclose your personal information without your prior consent however, depending on the product or service concerned and particular restrictions on sensitive information, this means that personal information may be disclosed to:

Service providers and specialist advisers to FXCC who have been contracted to provide us with administrative, financial, insurance, research or other services.
Introducing brokers or partners, tied agents with whom we have a mutual relationship (any of whom may be within or outside the European Economic Area)
Credit providers, courts, tribunals and regulatory authorities as agreed or authorized by law
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)
Credit reporting or reference agencies, third authentication service providers, fraud prevention, anti-money laundering purposes, identification or due diligence checks of the client
Anyone authorized by an individual, as specified by that individual or the contract
To an Affiliate of the Company or any other company in the same group of the Company.
Relevant authorities to investigate or prevent fraud, money laundering or other illegal activity.
The Company’s employees so as to exercise their duties further to the Agreement between us, or to assure the efficient functioning of our Platform, the Automatic Orders and the Trading Data functions.

In case such disclosure is required to be made by law or any regulatory authority, it will be made in order for FXCC to comply with any legal obligations, protect itself from potential fraud, and maintain service provider agreements. In case such disclosure is required it will be made on a ‘need-to-know’ basis, unless otherwise instructed by the regulatory authority. Generally, we require that organizations not under FXCC who handle or obtain personal information as service providers to FXCC acknowledge the confidentiality of this information, undertake to respect any individual's right to privacy and comply with the Data Protection Principles and this policy.

In some circumstances, we may pass on information to third parties if we are legally required to do so or if we are authorized under our contractual and statutory obligations or if we have been provided your consent.

We may also disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Site Terms and Conditions.

6. DATA TRANSFERS OUTSIDE THE EEA

As a general rule, the client data is processed within the European Union/European Economic Area (EU/EEA), but in some cases it is transferred to and processed in countries outside the EU/EEA. When you give us your personal data, you agree to us doing this. This exception applies to the transfer of client data when it is required by law, e.g. reporting obligation under tax law and other tax treaties. (FATCA and CRS)

Processors in third countries are obligated to comply with the European data protection standards and to provide appropriate safeguards in relation to the transfer of your data in accordance with GDPR Article 46.

Upon request, the client may receive further details on client data transfers to countries outside the EU/EEA.

7. CONSENT TO PROCESS DATA

By submitting your information, you consent to the use by FXCC of that information, as set out in this policy. By accessing and using this you are acknowledging that you have read, understood and agree with this privacy policy. We reserve the right to change our privacy policy from time to time and will update this page accordingly. Please review our policy as often as possible – your continued use of the Site will signify that you agree to any such changes.

The Site may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

You can withdraw your consent at any time, however any processing of personal data prior to the receipt of your revocation will not be affected.

In certain circumstances the company can process your data without your consent. The following are considered to be the most relevant:

Processing is necessary for compliance with legal obligation to which the controller is subject.
Processing is necessary for the performance of a contract to which the person is party, or in order to take measures of the person’s request prior entering into a contract.
Processing is necessary in order to protect the vital interests of the data subject.
Processing is necessary for the performance of a task carried out in the public interest or in the exercise of public authority or a third party to whom the data are communicated.
Processing is necessary for the purposes of the legitimate interests pursued by the controller or by the third party to whom the personal data are communicated, on condition that such interests override the rights, interests and fundamental freedoms of the persons.

8. HOW LONG WE KEEP YOUR PERSONAL DATA

FXCC will keep your personal data for as long we have a business relationship with you.

Once the business relationship with you has ended, we are required to keep your personal data for a maximum period of five (5) years to meet our regulatory and legal requirements.

9. YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

By legislation we are required to respond to any personal data requests within 30 days, unless the type of request requires more time for investigation and assessment. The rights that might be available to you in relation to the personal information we hold about you are outlined below:

Receive access to your personal data. This enables you to receive a copy of the personal data we hold about you.
Request rectification/correction of the personal data we hold about you. This enables you to correct any incomplete or inaccurate data we hold about you. We may request additional information and documentation required to validate the need for the requested change of data.
Request erasure of your personal information. You can ask us to erase your personal data, exercising your right “to be forgotten”, where there is no good reason for us continuing to process it. This request to erase your personal data will result in the closure of your account and termination of the client relationship. However, we are required to maintain the client’s personal data to comply with its legal and regulatory requirements, as well as in accordance with internal compliance requirements in relation to the maintenance of records. We shall preserve data for at least five (5) years following the termination of the client relationship, unless other terms for the preservation of data or documents are prescribed by law.
Request to ‘block’ or suppress the processing of your personal data in certain circumstances, such as if you contest the accuracy of that personal information or object to us processing it. It will not stop us from storing your personal information. We will inform you before we decide not to agree with any requested restriction. If we have disclosed your personal information to others, we will inform about the restriction if possible. If you ask us, if possible and lawful to do so, we will also tell you with whom we have shared your personal information so that you can contact them directly.
Have the right to object to your personal data being processed for direct marketing purposes. This also includes profiling in as much as it is related to direct marketing. If you object to processing for direct marketing purposes, then we shall stop the processing of your personal data for such purposes.
Under the General Data Protection Regulation (679/2016), you have the right, in certain circumstances, to obtain personal information you have provided us with (in a structured, commonly used and machine readable format) and to re-use it elsewhere.
Object, at any time, to any decisions that we may take that are purely based on automated processing (including profiling). Profiling involves the use of technology that helps us make decisions automatically, based on your personal data that we collect from you or from third parties.
Right to file a complaint. If you have exercised any or all of your data protection rights and still feel that your concerns about how we use your personal data have not been adequately addressed by us, you have the right to complain by sending an email to [email protected] You also have the right to complain to the Office of the Commissioner for Personal Data Protection. Instructions as to how to submit a complaint can be found in their website link: www.dataprotection.gov.cy

10. NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

11. TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

12. HOW WE PROTECT YOUR INFORMATION

We endeavor to ensure protection of the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us.

FXCC may store your information in its databases for reference in order to answer queries or resolve problems, provide improved and new services and to meet any legal data retention requirements. This means we may retain your information after you stop using the Site or our services or otherwise interacting with us.

13. MANAGEMENT OF YOUR PERSONAL INFORMATION AND SAFEGUARD MEASURES

The Company has taken all the appropriate organizational measures to ensure that your personal data are secured. Moreover, the Company has established an Internal Educational Training for its employees so as to mitigate any risks that may affect your data. The employees that are processing your data are being trained to respect the confidentiality of customer information and the privacy of individuals. We consider breaches of your privacy as top priority and the Company will enhance its internal procedures to prevent any such event.

The Company has implemented procedures in respect to safeguarding your data. Access to your information have only employees and/or Partners/Tied Agents that need to have access to the information in order to enable the continuity of the agreement between you and the Company.

Furthermore, we hold personal information in a combination of secure computer storage, secure servers and from time to time and if it is deemed necessary we will store them in paper-based files. The Company has taken all the necessary steps to protect the personal information that it holds from misuse, loss, unauthorised access, modification or disclosure.

While we will use all reasonable efforts to safeguard Your Information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data transferred from you, or to you via the internet.

The Company shall keep your personal data for as long as the company has business relationship with you (physical person). Once the business relationship has been ended, we may keep your data for up to five (5) years in accordance with the Laws governing the Company.

The Company may keep your personal data for longer than five (5) years for legal, regulatory and/or any other obligatory reason. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.

14. CHANGE OF INFORMATION

You may inform the Company at any time that Your Information has changed or that you wish the Company to delete information we hold about you by emailing us at [email protected]. We will change or delete Your Information in accordance to your instructions, except to the extent that we are required to hold Your Information for regulatory or legal purposes, to provide you with the Services you have requested or to maintain adequate business records.

15. OUR COOKIE POLICY

Cookies are small pieces of text stored on your computer to help us determine the type of browser and settings you are using, where you have been on the website, when you return to the website, where you came from, and to ensure your information is secure. The purpose of this information is to provide you with a more relevant and effective experience on the FXCC site, including presenting web pages according to your needs or preferences.

FXCC may also use independent external service providers to track the traffic and usage on the website. Cookies are frequently used on many websites on the internet and you can choose if and how a cookie will be accepted by changing your preferences and options in your browser. You may not be able to access some parts of www.fxcc.eu if you choose to disable the cookie acceptance in your browser, particularly the secure parts of the website. We therefore recommend you enable cookie acceptance to benefit from all the services on the website.

You have the right to decide whether to accept or reject cookies by setting or amending your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

If you continue to use this website without changing the cookie settings of your web browser then you are consenting to our cookie policy

To learn more about cookies and how to manage them via your browser/device please visit www.aboutcookies.org

CONTACT INFORMATION

If you would like to contact us with any queries or comments concerning our privacy policy, please feel free to contact us via e-mail, postal address, phone and fax or use our chat facility to IM a customer service representative.

We may, for the purpose of administering the terms of our Agreement between us, from time to time, make direct contact with you by telephone, fax, email, or post.

If you agree, we or any of our Affiliates of the Company may make contact with you from time to time, by telephone, fax, email or post for marketing purposes to bring to your attention products or services that may be of interest to you or to conduct market research.

ADDRESS

FX Central Clearing LTD. (FXCC)

Amorosa Centre, 2nd floor,

2 Samou Street, 4043 Yermasoyia

Limassol, Cyprus

Tel: +357 25 870 750

Fax: +357 25 870 753

E-mail: [email protected]