1.1 As part of our day-to-day business and other activities we need to collect personal information from our clients and potential clients to ensure that we can meet their needs for a range of financial services and products and provide them with information about our services.
1.2 Your privacy is important to us and it is our policy to respect the confidentiality of information and the privacy of individuals. This policy outlines how we manage your personal information supplied to us by you or a third party in connection with the services we provide you or which we collect from your use of our services. It also details your rights in respect of our processing of your personal information.
Finsa Europe Ltd is a company registered in England and Wales with company number 07073413 and whose registered office is Tower Bridge Business Centre, London E1W 1AW and who is registered with the Information Commissioner under No. ZA101323.
Finsa Europe Ltd is authorised and regulated by the Financial Conduct Authority (“FCA”) (No. 525164) as a IFPRU 730k firm to provide online CFD, spread betting and spot forex products to retail and other customers, and is the data controller of your personal information in relation to those services.
As part of providing services, or information about our services, to you, we will need to verify your identity to set you up as a client and we will need to use those details in order to effectively manage your account with us to ensure that you are getting the best possible service from us. This may include third parties carrying out credit (if applicable) or identity checks on our behalf. It is not only in our legitimate interest to do so but the use of your personal information in this way is necessary for us to know who you are as we have a legal obligation to comply with certain Know Your Client regulatory obligations.
If you are an actual or potential client, we may collect the following types of information about you:
We obtain this information in a number of ways through your use of our services or other dealings with us including through any of the Finsa Europe Ltd websites, apps, the account opening applications, our demo sign up forms, webinar sign up forms and from information provided in the course of ongoing client service correspondence. We may also collect this information about you from third parties either through bought-in third party marketing lists or publicly available sources.
We also keep records of your trading behaviour, including a record of:
We may ask for other personal information voluntarily from time to time (for example, through market research, surveys or special offers). If you choose not to provide the information we need to fulfil your request for a specific product or service, we may not be able to provide you with the requested product or service.
To help us improve and monitor our products and services, including client services, and develop and market new products and services, we may from time to time use personal information provided by you through your use of the services and/or through client surveys to help us improve our products and services. It is in our legitimate interests for us to use your personal information in this way to ensure that we provide you with the best products and services we can to you.
As a regulated firm, if we wish to provide you with products and services, or information about our products and services, and to review your ongoing needs once you open an account with us, or subscribe to an update or webinar, we will need to use your personal information to perform our services and comply with our obligations to you. It is also in our legitimate interests to ensure that we are providing the best products and services so we may periodically review your needs to ensure that you are getting the benefit of the best possible products and services from us.
From time to time, third parties, such as credit agencies may approach us to provide a credit reference about you for credit (if applicable) and identity checks. It may be in our legitimate interest to comply with our legal obligations or we may be obliged to provide such a reference in order to comply with a legal obligation. However, if we are unsure we will speak to you first before providing any reference.
We may record any communications, electronic, by telephone, in person or otherwise, that we have with you in relation to the services we provide to you and our relationship with you. These recordings will be our sole property and will constitute evidence of the communications between us. Such telephone conversations may be recorded without the use of a warning tone or any other further policy.
As part of using your personal information for the purposes set out above, we may disclose your information to:
Third party service providers such as credit referencing agencies may keep a record of any searches performed on our behalf and may use the search details to assist other companies in performing their searches.
Where our use of your personal information requires your consent, such consent will be provided in accordance with the applicable client agreement available on our website(s) or any other contract we may have entered into with you or as set out in our communication with you from time to time.
We always take appropriate technical and organisational measures to ensure that your information is secure. In particular, we train our employees who handle personal information to respect the confidentiality of client information and the privacy of individuals. We regard breaches of your privacy very seriously and will impose appropriate penalties, including dismissal where necessary.
We may from time to time use personal information about you to form profiles about you so that we can provide the very best products and services we can. We may also make decisions about you through automated profiling which may affect your ability to use our services. We may need to do this either to perform our legal obligations or because it is in our legitimate interest to use your personal information in such a way.
Our Web pages and e-mails may contain web beacons or pixel tags or any other similar type of data analysis tools which allow us to track receipt of correspondence and to count the number of users that have visited our webpage or opened our correspondence. Where your personal information is completely anonymised, we do not require a legal basis as the information will no longer constitute personal information. However, where your personal information is not in an anonymised form, it is in our legitimate interest to continually evaluate that personal information to ensure that the products and services we provide are relevant to you.
We may use your personal information to send you marketing communications by email or phone or other agreed forms (including social media campaigns) to ensure that you are always kept up to date with our latest products and services. Where we send you marketing communications we will either do so as it is in our legitimate interest or with your consent.
As regulated firm we may need to process your personal information for internal business and research purposes and record keeping purposes. Such processing is in our own legitimate interests and is required in order to comply with our legal obligations. This may include any communications that we have with you in relation to the services we provide to you and our relationship with you. We will also keep records to ensure that you comply with your obligations under any contract you have entered into with us.
If you ask us, we will confirm whether we are processing your personal information and, if so, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable administration fee.
If the personal information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have shared your personal information with others, we will let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.
You can ask us to delete or remove your personal information in certain circumstances such as where we no longer need it, or you withdraw your consent (where applicable) provided that we have no legal obligation to retain that data. Such request will be subject to any retention limits we are required to comply with in accordance with applicable laws and regulations. If we have shared your personal information with others, we will let them know about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.
You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or object to us processing it. It will not stop us from storing your personal information though. We will tell you before we lift any restriction. If we have shared your personal information with others, we will let them know about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.
You can ask us to stop processing your personal information, and we will do so, if we are:
Automated decision-making and profiling
If we have made a decision about you based solely on an automated process (e.g. through automatic profiling) that affects your ability to use the services or has another significant effect on you, you can ask not to be subject to such a decision unless we can demonstrate to you that such decision is necessary for entering into, or the performance of, a contract between you and us. Even where a decision is necessary for entering into or performing a contract, you may contest the decision and request human intervention.
Safeguarding the privacy of your information is important to us, whether you interact with us personally, by phone, by mail, over the internet or by any other electronic medium. We hold personal information in a combination of, secure off-site locations, secure computer storage facilities, paper-based files and other records and take steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.
When we consider that personal information is no longer needed, we will remove any details that will identify you and will securely destroy the records.
However, we may need to maintain records for a significant period of time. For example, we are subject to certain anti-money laundering laws which require us to retain:
If we hold any personal information in the form of a recorded communication, by telephone, electronic, in person or otherwise, this information will be held in line with local regulatory requirements which will either be 5 years or 10 years after our business relationship with you has ended.
Where you have written to us to opt out of receiving marketing communications we will hold your details on our exclusion list so that we know you do not want to receive these communications.
Cookies are small pieces of text stored on your computer or device when you visit a website or an app.
We may need to use personal information collected from you to investigate issues and/or settle disputes with you as it is in our legitimate interests to ensure that issues and/or disputes get investigated and resolved as quickly and efficiently as possible.
We may need to use your personal information to comply with applicable law, court order or other judicial process, or the requirements of any applicable regulatory authority. We do this not only to comply with our legal obligations but because it may also be in our legitimate interest to do so.
If you have a concern about any aspect of our privacy practices, you can make a complaint. This will be acted upon promptly. To make a complaint, please contact us via one of the methods set below or at firstname.lastname@example.org or by mail at Tower Bridge Business Centre, 46 - 48 East Smithfield, London E1W 1AW.
If you are not satisfied with our response to your complaint, you have the right to lodge a complaint with our supervisory authority, the Information Commissioner’s Office (ICO). You can find details about how to do this on the ICO website at https://ico.org.uk/concerns/ or by calling their helpline on 0303 123 1113.
We may need to use personal information collected from you to investigate issues and/or settle disputes with you as it is in our legitimate interests to ensure that issues and/or disputes get investigated and resolved as quickly and efficiently as possible. This is to comply with our legal obligations and because it may also be in our legitimate interest to do so.
Tower Bridge Business Centre
46-48 East Smithfield
For the purposes of this policy, ‘Platforms’ means any electronic services (together with any related software or application) accessible by whatever means we grant you access to or make available to you either directly or through a third-party service provider.
Once you open an account with us, your dealings with us will be governed by our client agreement. In return for us granting you access to Platforms, you agree to the following terms:
You will take all reasonable steps to ensure that no computer viruses, worms, software bombs or similar items are introduced into any computer hardware, software, applications, equipment or network facilities you use to access our Platforms.
We and our licensors (as the case may be) will retain the intellectual property rights in all elements of the software and such software and databases contained within our trading platforms, and you will not in any circumstances obtain title or interest in such elements.
With respect to any market data or other information that we or any third-party service provider provide to you in connection with your use of Platforms, you agree that:
(a) we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect;
(b) we and any such provider are not responsible or liable for any actions that you take or do not take based on such data or information;
(c) such data or information is proprietary to us and any such provider and you will not retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as required by applicable regulations or as agreed by us;
(d) you will use such data or information solely in compliance with the applicable regulations and this policy; and
(e) we may at our absolute discretion remove your access to market data at any time. No one other than a party to this policy, their successors and permitted assignees shall have any right to enforce any of its terms.
This policy and all our dealings with you are in all respects governed by and construed and interpreted in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to settle any legal action or proceedings arising out of or in connection with this policy, including any noncontractual disputes and claims. Nothing in this term will prevent us from bringing proceedings against you in any other jurisdiction.