Legal data

Privacy policy

This Privacy Policy describes the manner in which we collect, use, maintain and disclose information collected from our counterparties. In this Privacy Policy, we refer to individuals connected to our corporate counterparties whose personal information we may collect and process in order to fulfil our obligations under the Terms and Conditions (hereinafter referred to as “Terms”), for example company directors and shareholders. In this Privacy Policy, "personal information" means any information that can be used to identify you or that we can link to you.

1. Collection of personal information.

   1. We may collect personal information from counterparties in a variety of ways, including, but not limited to, when counterparties visit our Website, register on the Website (if such an option is available), submit enquiries, complaints or requests to us, and in connection with other activities, services, features or resources we make available on our Website.
   2. counterparties may be asked for identification information as appropriate. We will collect personal identification information from counterparties only if we need to conduct AML/KYC checks.
   3. The personal information we may collect from you include:
      1. Identity Data (i.e., username, your name and title, date of birth, address, telephone and email address);
      2. Transaction Data (i.e., your payment and settlement details);
      3. Technical Data includes (internet protocol (IP) address, login data, API 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 used to access our website or servers);
      4. Profile Data (i.e., history of your orders and transactions, settlement history, settlement and payment preferences, feedback responses).
   4. When we conduct AML/KYC checks, we also collect personal information from third party sources, such as public registers and records and credit reference agencies.

2. Information usage. We may collect and use your personal information for the following purposes:

   1. to create a counterparty account for the company you are associated with;
   2. to conduct AML/KYC checks;
   3. to respond to any questions, requests or complaints from you;
   4. to fulfil our obligations Terms, such as sending you Confirmations.

3. Legal basis. There are different legal bases that we rely on to use your personal information, namely:

   1. the use of your personal information may be necessary to fulfil our obligations under the Terms, for example, we will use your personal information to respond to your requests;
   2. we rely on your consent when this is required by law; you may withdraw your consent at any time by contacting us;
   3. we may use your personal information for our legitimate interests, for example to improve our products and services and the content of the Website; when we process personal information to meet our legitimate interests, we always balance these against the fundamental rights and freedoms of data subjects, and put in place robust safeguards to ensure your privacy is protected;
   4. we may use or disclose your personal information when we are required to do so by law (for example regulatory KYC and reporting obligations).

4. Your rights over personal information.

   1. You have certain rights regarding your personal information, subject to local law. These include the rights to:
      1. access your personal information;
      2. rectify the information we hold about you;
      3. erase your personal information;
      4. restrict our use of your personal information;
      5. object to our use of your personal information;
      6. receive your personal information in a usable electronic format and transmit it to a third party;
      7. and lodge a complaint with your local data protection authority.
   2. If you would like to discuss or exercise such rights, please contact us.
   3. We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate.
   4. Please note that we will likely require additional information from you in order to honour your requests.

5. Information sharing.

   1. We do not sell, trade, or rent your personal information to others. We may share generic aggregated information not linked to any personal identification information regarding visitors and users with our business partners and with regulatory bodies to the extent required by law.
   2. We may also share your personal information with third parties under the following circumstances:
      1. service providers and business partners. We may share your personal information with our service providers and business partners that perform marketing services and other business operations for us (for example, we may partner with other companies to process secure payments, fulfil orders, clear trading operations, optimise our services, send newsletters and marketing emails, support messaging services and analyse information);
      2. any law enforcement agency, court, regulator, government authority or other third party. We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party;
      3. any third party that purchases, or to which we transfer, all or substantially all of our assets and business; if such a sale or transfer occurs, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this Privacy Policy.
   3. The recipients referred to above may be located outside the jurisdiction in which you are located. It means your personal information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for personal information under European Union law. However, we have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us.

6. Information protection

   1. We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:
      1. maintain business records for analysis and/or audit purposes;
      2. comply with record retention requirements under the law;
      3. defend or bring any existing or potential legal claims;
      4. and deal with any complaints regarding the relationship between us.
   2. We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.
7. Electronic newsletters. If a user decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.
8. Compliance with children's online privacy protection act. We do not accept users under the age of 18 and no part of our Website is structured to attract anyone under 18.
9. Changes to this Privacy Policy. We have the discretion to update this Privacy Policy at any time. Where changes to this Privacy Policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g., to object to the processing).
10. Your acceptance of the terms. If you do not agree to this Privacy Policy, you should not enter into any agreement or relationship with us.
11. Third party software. Our website uses Google Analytics and Smartlook to get statistics on the visitors.
12. If you want to contact us, please, send your requests concerning data privacy to privacy@marketguard.io.