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Privacy Policy

NU MKTS CORP.

Nu Mkts Corp. | Registered office address: House of Francis, Il Du Port, Mahé, Seychelles.

By accepting this Privacy Policy (hereinafter “Policy”) you are entering into a contractual agreement with TotalFX (hereafter the “Company”) which collects, uses and manages personal information from its visitors, potential and active clients and clients who have terminated their business relationship with the Company who are accessing or using the Company’s website(s) and mobile applications. TotalFX is the tradename of Onam Trading (Pty) Ltd, a company with registration number 2015/302489/07 and having its registered address at 14 Trinity Street, Bloubergstrand, Cape Town, Western Cape, 7441, South Africa duly authorized by the Financial Sector Conduct Authority (the “FSCA”) as an authorised Financial Service Provider (“FSP”) under FSP number 51105 (hereafter the “Company” or “TotalFX”). TotalFX shall comply with both the General Data Protection Regulation (EU) 2016/679, (“GDPR”) where applicable, and national data protection legislation (i.e. South Africa’s Protection of Personal Information Act (“POPIA”)) in regard to all personal data that the Company holds relating to identifiable individuals. If the applicable national legislation requires a higher level of protection for personal data than such policies/guidelines, such stricter requirements are to be complied with. If TotalFX policies/guidelines are stricter than the local legislation, our policies/guidelines must be complied with.

You are strongly advised to read this Policy carefully, as it is part of the Company’s Terms of Business as applicable and shows how the Company complies with the protection of the personal data. Protection of our clients’ personal data is of utmost importance to us and our Company’s priority is to safeguard and respect the confidentiality of our clients’ information

Purposes for which the Company is Collecting, Using, Storing and/or Processing your Personal data?

The Company will collect, use, store and transfer different Personal Data for the purposes of providing its services to you and ensure that the Company complies with its legal obligations. Therefore, if you fail to provide us with some information we may request, is likely that we may not be able to provide you with our products and/or services.

What Personal Data the Company Collects and/or Processes about you?

The below list includes the type of personal data we may need from you:

  • personal data for identity purposes such as name, maiden name, last name, proof of identity, username or similar identified, marital status, title, date and place of birth and gender, gender, country of residence and citizenship.
  • personal data for contact purposes such as home address, billing address,

 

  • email address and telephone numbers provided in a proof of address document (i.e utility bill).
  • personal data for professional purposes such as the level of education, profession, employer name, work experience in Forex/CFDs, information on Client’s experience, knowledge in the financial services sector and risks.
  • personal data for tax and financial purposes such as the country of tax residence and tax identification number, your annual income, net worth, source of funds, anticipated account, turnover, bank account, bank statements, payment card details and copies, e-wallet information.
  • transaction data such as details about payments to and from you and other details of products and services you have purchased from us, deposit methods, purpose of transactions with us.
  • technical data such as 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 or data regarding the usage of our website, products and services.
  • profile data such as username and password, purchases or orders made by you, you interest, preferences, feedback and survey responses and marketing and communication data such as your preferences in receiving marketing from us and our third parties and your communication preferences.

Use of Personal Data

The Company collects and process Personal Data which are required for the evaluation, establishment and maintenance of the contractual relationship between the Company and you and in order to comply with the applicable aforementioned data protection legislation and regulations governing the provision of investment services. In some cases, the Company may also process your Personal Data to pursue its legitimate interests or those of third parties, provided that your interests and fundamental rights are not overridden by those of the Company or the third party.

Reason of Using your Personal Data

  • Legal Obligation:

There are a number of laws and regulations (e.g. AML Laws, financial services laws, corporation laws, tax law) that impose us a legal obligation to proceed with necessary Personal Data processing activities.

These obligations include, but are not limited to, the following:

  • to confirm/verify your identity;
  • to assess your appropriateness/suitability to the products and services we provide;
  • to process your transactions;
  • to provide you with transaction and post transaction related services;
  • to identify, assess, mitigate, prevent and investigate fraudulent activity of any kind that is

forbidden by the relevant legislation;

  • With regards to the KYC process, we may contact you in order to inform you to upload any missing KYC document and/or to update your KYC documentation in order to comply with the applicable AML and KYC Legislation;
  • The Company uses your data in order to inform you about your transaction process which includes confirmation emails in regards to your Deposit, Withdrawal and post transaction reports.
  • Performance of a contract:

Our Company proceeds with the process of its Clients Personal Data in order to provide its services based on the business relationship with our clients.

The Personal Data process for providing services include, and it is not limited to, the following:

  • to manage the account you hold with the Company;
  • to keep you updated on the issues that are relevant to your business relationship with us;
  • to analyze statistical data to enable us to provide you with better products and/or services;
  • to enhance the security controls of the Company’s networks and systems;
  • to defend possible legal claims against the Company;
  • The Company uses your Data in order to provide you information regarding your Trading Activity which includes Margin Calls, Stop Profit, Price Alerts and any functions in regards to your Trading Activity with your Company.
  • Consent:

Company’s storage and use of Personal Data is based on Client’s consent (other than for the reasons described in this Policy when Client’s consent is not required). The Company obtains the consent of the Client in order to inform the Client of products and/or services that may be of interest to him/her.

The Client may revoke consent at any time by sending an email to support@numkts.com.

Any processing of Personal Data prior the receipt of Client’s revocation will not be affected.

Storage of Personal Data and Retention Period

The Company needs to comply with the AML and KYC Legislation as well as FCPA and therefore hard copies and/or electronic format copies shall be retained as evidence. More specifically, the Company shall maintain records (either physical or digital) of all transactions and correspondence between the Company and the Client for as long as we have a business relationship. Our Company holds its Clients Personal Data in secure computer storage facilities in order to protect the Personal Data and/or personal information of its Clients from misuse, loss, unauthorized access, modification or disclosure.

When the Company considers that personal information is no longer necessary for the purposes for which it was collected, our Company will securely destroy the relevant records.

However, our Company based on the applicable AML laws need to retain a copy of the documents used in regards to your identity verification, source of income and wealth, monitoring of your transactions, any form of communication and transaction history for a period of seven (7) years, after the termination of the business relationship to be able for the Company to demonstrate to the regulator that has acted in accordance with the applicable legislation (i.e. the FCPA and the AML and KYC Legislation).

Our Company may keep Clients’ data for a period longer than sever (7) years for legal, regulatory or technical reasons.

How the Company Collects and/or Processes your data?

The Company may collect your Personal Data via different methods and therefore, process Personal Data you provide us directly and/or collects information as a result of automated technologies, interactions and/or from third parties via publicly available sources (i.e. use of screening providers). In addition, the Company may collect Personal Data you voluntarily provide, given that you have acknowledged the provision of such data to the Company.

Specifically, information you provide to us directly may include your identity, contact and financial information by registering for an account with TotalFx, when you participate in any interactive features of the services the Company provides, when you fill out a form the Company provides you with, when you apply for a job, when you communicate with the Company by sending your request to customer support or otherwise.

By using the Company’s website, the Company may automatically collect technical data about your equipment, browsing actions and patterns. The Company collects this Personal Data by using cookies and other similar technologies. The Company may receive technical data about you if you visit other websites employing the Company’s cookies.

Cookies

Cookies are small text files, give ID tags that are stored on your computer’s browser directory or program data subfolders. Cookies are created when you use your browser to visit a website that uses cookies to keep track of your movements within the site, help you resume where you left off, remember your registered login, theme selection, preferences, and other customization functions. The website stores a corresponding file (with same ID tag) to the one they set in your browser and in this file, they can track and keep information on your movements within the site and any information you may have voluntarily given while visiting the website, such as email address.

Cookies are often indispensable for websites that have huge databases, need login, have customizable themes, other advanced features.

Cookies usually do not contain much information except for the URL of the website that created the cookie, the duration of the cookie’s abilities and effects, and a random number. Due to the little amount of information a cookie contains, it cannot be used to reveal your identity or personally identifying information.

There are three (3) categories of cookies: essential, functional and marketing cookies. Essential cookies are necessary for the website to function correctly and cannot be switched off, functional allow the website to remember users’ preferences and the choices the Company makes on the website such as username, region and language and marketing cookies are used to track visitors across the Company’s websites and show you more relevant ads and include third-party cookies from third-party services providers (hereinafter ”Partners”).

The companies’ websites issue cookies upon landing on the website, unless the user has changed their cookie settings in their browser to refuse cookies. Please note that with cookies switched off, some areas of the Company’s website and services might not be made available to you.

The company does not use cookies to personally collect information about you. The cookies that the Company use only collect anonymous information to optimize the Company’s services and do not collect personal information.

You can find more information at our Cookies Policy.

Disclosure of Personal Data

Any personal information is treated as confidential and may be shared within the Company and its partners to meet its contractual and legal obligations. Contractual relationships exist with the Company’s partners aiming to safeguard your Personal Data in accordance with the applicable data protection legislation. It should be stressed that where it is required to disclose the Personal Data of our clients to third parties for the purposes of performing our legal obligations towards them, our Company ensure that the relevant provisions of the applicable data protection legislation is applied.

The Company’s partners maintain the privacy of your information to the same extent the Company does in accordance with the policy. Non-affiliated companies that assist the Company in providing services to you are required to maintain the confidentiality of such information and to use your personal information only in the course of providing such services for the purposes that the Company dictates and within the ambit of the applicable law.

Recipients of Personal Data may be for example:

  • technological experts that appointed by the Company to support the smooth operation of our systems
  • platform providers
  • payment service providers/credit institutions for facilitating the incoming and outgoing payments of the Clients
  • governmental authorities and regulatory bodies
  • fraud prevention agencies, third party authentication service providers, such as verification/screening service providers
  • data reporting service providers to meet our regulatory obligations
  • external consultants such as Internal and External Auditors

The Company does not allow any third-party service providers to use your Personal Data for their own purposes and only permits them to process your personal data for specified purposes and in accordance with the Company’s instructions.

Transfer of Personal Data

Our Company may transfer your Personal Data to third parties outside of Seychelles.

In such case, we ensure that the data processor in the recipient country or territory ensures a comparable level of protection for the rights and freedoms of our clients in relation to the processing of their Personal Data.

The Company takes appropriate and/or protective measures in cases that Personal Data are disclosed to a third party and ensures that Personal Data is processed if adequate protective measures are established. The Company also imposed strict restrictions on how the data processors can use and disclose the Personal Data shared, and it discloses only information that is necessary to third parties to perform their contractual obligations with the Company. In addition, the Company performs due diligence before choosing processors in order to ensure that they implement appropriate technical and organizational measures in such a manner that meet the requirements imposed by the applicable legislation.

More specifically, we ensure that a similar degree of protection is provided by implementing at least one of the following safeguards:

  • the data processor(s) in third countries are subject to laws and regulations that provide a similar level of protection of Personal Data as provided under the DPA; and/or
  • In the absence of an adequate level of protection, we will either insert data protection measures in place with the foreign third party to effectively protect the collection and
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  • Online Presence in Social Networks
  • Our Company maintains online presence on Social Networks as way to communicate with its clients, existing or potential, and to provide information about its products and services.
  • For more information regarding the data processing carried out by the Social Networks on their own responsibility, please refer to the data protection policy of the respective Social Network.
  • Below is a list with information on the Social Networks on which we operate online presences. Please refer to the data protection information of the respective Social Networks for the data processing carried out by that Social Network, at their own responsibility:
  • Facebook
  • Instagram
  • Google/Youtube
  • LinkedIn
  • Google
  •  
  • We would also like to stress that you use Google’s website at your own responsibility. Our Company is not related and/or does not bear any responsibility in regards on how Google uses, storages the data from the visit and whether this data is passed on to third parties.
  • Personal Data Rights
  • You have the following rights in respect of your Personal Data:
  • Right of Access: You have the right to be informed whether the Company is processing your personal data and if so, to provide you with a copy of that data.
  • Right to amendment: You can request to amend your Personal Data in order to correct or complete the provided personal data.

Right to Deletion: You should contact in writing the Company by sending an email to support@NuMkts.com or support@tatalfx.com and request the exact personal data you want to delete. Such request will be subject to any retention limits we are required to comply with, in accordance with the applicable laws and regulations and subject to the retention policies described herein. In some circumstances the data may not be deleted in order for the Company to comply with its legal obligations.

  • Right to Restrict Processing: you have the right to restrict the processing of their personal data in certain circumstances.

This means that you can limit the way that the Company uses his/her data. This is an alternative to requesting the erasure of his/her data.

  • You have the right to restrict the processing of their personal data where they have a particular reason for wanting the restriction. This may be because they have issueswith the content of the information that the Company holds or how the Company has processed data.
  • Right to portability: You can request to obtain your personal data in a readable format.
  • Right to Stop Processing: You can request from the Company to stop processing your Personal Data, and the Company will do so if a) the Company cannot demonstrate compelling legitimate grounds for the processing or b) the Company is processing your personal data for marketing purposes.
  • Right to process to you or a third party: The Company will provide to you, or a third party you have chosen your Personal Data in a structured, commonly used, readable format. Note that this right only applies to automated information which you initially provided consent to the Company to use or where the Company used the information to perform a contract with the Company.
  • Right to complain: If you have grounds to believe that the Company does not appropriate use your Personal Data, you can submit a complaint.
  • Right to withdraw:as provided above you have the right to withdraw your consent. However, in this case the Company may not be able to provide certain products or services to you. The Company will advise you if this is the case at the time you withdraw your consent.
  • You can exercise any of the above rights by sending an email to support@numkts.com or support@totalfx.com .

 

Security

The privacy and confidentiality of your personal information is of fundamental importance to us. We take all appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data and personal information and to comply with the relevant provisions of the applicable data protection legislation.

The Company restricts access to personal information to employees who need to know the specific information in order to operate, develop or improve the Company’s services. These individuals are bound by confidentiality and will be subject to penalties if they fail to meet these obligations.

Personal Data can be shared only with the parties set out in the aforementioned Section of Disclosure of Personal Data.

The Personal Data that you provide when opening an account with the Company is protected. This information can be accessed by you using his/her selected password. This password must be careful kept by you and not be shared with any third party. In addition, this information is safely stored in the Company’s servers that only authorized personnel have access to it through access rights. The Company encrypts all this information to prevent unauthorized parties from viewing or access such information.

Changes of Privacy Policy

  • Our Company reserves the right to update this Policy from time to time in order to ensure that it complies with new laws and regulations as well as new technologies.

In such a case, the new version will be immediately post in our official website, We recommend that you periodically ready this Policy in order to always be aware of the way that your Personal Data is processed.

Legal Disclaimer

The Company reserves the right to disclose your personally identifiable information as required by rules and regulations and when the Company believes that disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process served. The Company will not be liable for misuse or loss of personal information resulting from cookies on the Company’s site(s) that the Company does not have access to, or control over. The Company will not be liable for unlawful or unauthorized use of your personal information due to misuse or misplacement of your passwords, negligent or malicious acts.

Inquiries and Complaints

If you have any inquiries, concerns or complaints, you can contact us via email at support@numkts.com or support@totalfx.com.

  • If you also wish to unsubscribe from any emails or marketing communications you can click on the unsubscribe button at the end of the email communication or you can send an email to support@numkts.com or support@totalfx.com.