Privacy Policy

1. PURPOSE OF THIS DOCUMENT

1.1 This notice (Privacy Notice) applies to personal data that ITRADE DIGITAL IOM LIMITED or any of its subsidiaries (collectively referred to as the Company) processes about you, particularly if you are a past, present or prospective Member. Wherever we have said “we”, “our” or “us”, we mean the Company.

1.2 For the purpose of this Privacy Notice, the Company will act as data controller in accordance with the Isle of Man Data Protection Legislation and Regulations (Data Protection Legislation).

1.3 The Company is registered as a data controller with the Information Commissioner in the Isle of Man.

1.4 This Privacy Notice explains what personal data the Company collects about you and individuals connected to your business, how we will use that data, who we will share it with, the circumstances when we will share it, and what steps we will take to make sure it stays private and secure. It continues to apply even if your relationship with us ends. It should also be read alongside other documentation associated with your membership (such as your application form) as these may include sections relating to the use and disclosure of the data. Where there is any conflict between the terms of this Privacy Notice and any other document in relation to data protection the terms of this Privacy Notice shall prevail.

1.5 An “individual connected to your business” could be any guarantor, a director, officer or employee of a company, partners or members of a partnership, any substantial owner, controlling person, or beneficial owner, trustee, settlor or protector of a trust, account holder of a designated account, recipient of a designated payment, your attorney or representative (e.g. authorised signatories), agent or nominee, or any other persons or entities with whom you have a relationship that is relevant to your relationship with us. Whenever we say “you” this should be read to include “individuals connected to your business”.

1.6 Please ensure that any relevant individuals are made aware of this Privacy Notice and the individual rights and information it sets out, prior to you providing their personal data to us. If you, or anyone else on your behalf, has provided or provides personal data on an individual connected to your business to us, you or they must first ensure that you or they have the authority and appropriate legal basis to do so.

2. PERSONAL DATA WE COLLECT

2.1 This Privacy Notice is concerned with personal data we collect about you. Personal data means any data by which you as an individual can be identified directly or indirectly (e.g. if several pieces of data are combined). It also includes any expression of opinion about you and any indication of the intentions of the Company or any other person in respect of you.

2.2 Some of the personal data we hold about you will have been supplied by you. Other personal data may come from your professional advisors, employer or other intermediary, our service providers or other sources you have asked us to obtain information from. We might also get some personal from publicly available sources or make our own enquiries (whether ourselves or via an agents we appoint).

2.3 In pursuit of the Company’s business and by reason of the means in which the ITrade eGBM Platform operates, we (or any person appointed by us to conduct due diligence enquiries) may be required to obtain from you and retain personal data such as:

(a) personal details (e.g. name, previous names, gender, date and place of birth, occupation and/or source of wealth);

(b) identification materials we may need for our compliance obligations (e.g. a copy of your passport or national identity card, national insurance number, utility bills, financial details etc.);

(d) other data about you which you may have provided us with during the course of our relationship with you (e.g. by filling out forms or during face-to-face contact, telephone, email and the like);

(e) financial information and information about your relationship with us, including your ways of interacting with us, your investments and interactions with the Company, sort code and account numbers of relevant accounts or payments made by us into your account;

(f) complaints or disputes you may have had with us or our service providers and details of the underlying transaction (where applicable);

(g) information about you which is a matter of public record or readily obtainable and which we deem relevant in relation to your dealings with the Company (media, court judgments, credit checks etc.);

(h) records of correspondence and other communications between you and your representatives and the Company , including email, phone calls, letters and the like;

(i) information that we need to support our regulatory obligations (e.g. information about transaction details, detection of any suspicious and unusual activity and information about parties connected to you or these activities;

(j) information from third party providers who assist us to combat fraud, money laundering and other crimes; and

(k) information you asked and authorised us to collect for or about you, such as information about your accounts from your bankers.

2.4 We collect browser and cookie information when you first navigate to our websites. We use cookies to give you a better customer experience and for use of access. Certain cookies will allow you to leave and re-enter our Websites without re-entering your password. This will be monitored by a web server. For more information on the use of cookies, how you can control their use, and information relating to our internet-based and mobile advertising, see our cookies policy CLICK HERE

3. HOW WE WILL USE PERSONAL DATA

3.1 We will only use your personal data when the Data Protection Legislation allows us to. Most commonly, we will use your personal data in the following circumstances:

(a) where we need to perform a contract we have entered into with you or with a person on whose behalf you are entitled to act as or represent yourself as an agent of a person with whom we have a contract.

(b) where we need to comply with a legal or regulatory obligation.

(c) where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

3.2 The purposes for which we use your personal data commonly include:

(a) to carry out due diligence in respect of your membership, such as verifying your identity and source of funds;

(b) to facilitate your membership and operation of your account;

(d) to enable you to use the transaction documentation that the Company provides;

(e) to protect our legal rights and complying with our legal obligations;

(f) to conduct risk management;

(g) diagnostics, research and development to help diagnose system problems, administer websites and the eGBM Platform and to test and improve the website and the platform;

(h) loss prevention and to protect the privacy, safety or property of the Company or its Members;

(i) to resolve disputes, correct incorrect media information and enforce agreements or legal rights.

4. WHO WE MIGHT SHARE YOUR PERSONAL DATA WITH

4.1 We may share relevant personal data of yours with other parties where it is lawful to do so, including where:

(a) it is necessary to comply with our contractual obligations or with your instructions;

(b) we have a public or legal duty to do so (e.g. to assist with detecting and preventing fraud, tax evasion, bribery, corruption and financial crime or compliance with a court order);

(c) we are obligated to in connection with regulatory reporting, litigation or asserting or defending legal rights and interests;

(d) the Company has a legitimate business reason for doing so (e.g. to manage risk, verify identity, enable another business to provide you with services you’ve requested); or

(e) we have asked you if we can share it, and you gave consent.

4.2 Parties we might share your personal data with can include (without limitation):

(a) Any agent or contractor appointed by the Company to assist the Company in meeting its due diligence and anti-money laundering obligations Company’s;

(b) Other Members and parties relevant to any transaction that you undertake;

(d) Law enforcement, government, courts, dispute resolution bodies, our regulators, auditors and any party appointed or requested by our regulators to carry out investigations or audits of our activities;

(e) Other parties involved in any disputes, including disputed transactions;

(f) Fraud prevention agencies who’ll also use personal data to detect and prevent fraud and other financial crime and to verify your identity;

(g) Anyone who provides instructions to us on your behalf (e.g. under a power of attorney, solicitors, intermediaries, investment managers etc.); and

(h) Anybody else that you instructed us to share your information with by you.

4.3 Should ownership of all or part of the Company change or be re-organised or re-structured, we will transfer your personal information to the new owner or successor company so we or they may continue to provide services to you.

4.4 Whenever the Company shares personal information it will do so legally with due regard to your privacy. If we receive a request from law enforcement or other statutory bodies we will not make disclosure without a valid warrant, Court order or other valid proof of authority.

5. RETENTION OF PERSONAL DATA

5.1 The Company keeps personal data only for as long as it is necessary for the specific purpose the data was collected for or as long as we are required by applicable laws and regulation.

5.2 We may keep personal data for longer periods where we have a legitimate interest for doing so, for instance to address complaints, assert or defend our rights in litigation or other dispute resolution procedures or to respond to requests from regulators or assist judicial authorities.

5.3 Any information we are not required to hold for any minimum period and for which there is no purpose in us holding it anymore will be deleted, destroyed or returned to you more promptly.

5.4 Where the Company shared your personal data with third parties, the privacy notices and laws and regulations of the third party will determine how long they will have to retain your data.

6. SENDING INFORMATION OVERSEAS

6.1 The Isle of Man is a jurisdiction which has been approved by the European Commission as having equivalent data protection standards as the UK and Member States of the European Union.

6.2 Where we have to transfer personal data outside of the Isle of Man, the UK or the European Economic Area (EEA), we will ensure that the transfer is lawful and that the data is appropriately secure and protected. Where necessary, we will ensure that separate and appropriate legal agreements are put in place, such as the European Union Model Clauses or equivalent agreements.

6.3 Reasons for having to transfer your personal data outside the Isle of Man, the UK or the EEA may include:

(a) we need to carry out our contract with you;

(b) we have to fulfil a legal obligation; and/or

6.4 In some countries the law might compel the Company to share certain information. We will only share any information with parties who have the lawful authority and right to see it and only to the extent that such parties are permitted to see it.

7. INDIVIDUALS’ RIGHTS

7.1 As an individual or “data subject”, you have certain rights in relation to your personal data. These rights include:

(a) the right to access the personal data we hold about you and to obtain information about how we process it;

(b) the right to object to and withdraw your consent to the Company’s processing of your information. This right can be exercised at any time. However, the Company may continue to process your personal data if there is another legitimate reason or legal obligation for doing so. Please also note that depending on which kind of processing you object to, the Company may no longer be able to perform its contractual obligations with you;

(c) in some circumstances, you have the right to receive certain personal data you have provided to us in an electronic format and/or request that we transmit it to a third party;

(d) the right to request that we rectify information we hold about you if it is inaccurate or incomplete;

(e) in some circumstances, you have the right to request erasure or deletion of personal data we hold. We may however continue to retain it if we are entitled or required by law to do so; and

(f) in certain circumstances the right to object to, and to request that we restrict, our processing of your personal data in some circumstances. Please note that despite this general right we may be entitled under law to continue processing the information and/or to refuse that request.

7.2 You also have the right to complain to the data protection regulator in the Isle of Man, which is the Isle of Man Information Commissioner. You can access their website here: www.inforights.im

7.3 You may also be able to seek redress for any violation of your data protection rights in the Isle of Man courts or challenge a decision by the regulator.

8. MISCELLANEOUS

Updating
8.1 Please ensure that any personal data you give us or ask third parties to provide to us is up to date, accurate and complete in all respects. Please inform us about any changes as soon as reasonably possible.
Security

8.2 We recognise that online security and data protection is of vital importance. We use a range of measures to keep information safe and secure which may include encryption and other forms of security to prevent accidental or unlawful processing, access by unauthorised persons, disclosure, destruction, loss, alteration, damage and loss.

8.3 We require our staff and any third parties who carry out any work on the Company’s behalf to comply with appropriate compliance standards including obligations to protect any information and applying appropriate measures for the use and transfer of information. If you wish to know more about our data protection measures, please contact us (details provided below).

Other
8.4 We reserve the right to make changes to this Privacy Notice, for example, as the result of government regulation, new technologies, or other developments in data protection law or privacy generally.

9. CONTACT US

For any further questions or queries in relation to this Privacy Notice, you can contact us by:
Post:
ITRADE DIGITAL (IOM) LIMITED, First Floor, Queen Victoria House, 41-43 Victoria Street, Douglas, Isle of Man, IM1 2LF

Telephone:
Email: [email protected]