Cookies and Privacy Policy
Earnex DMCC [“the company”, “we”, “us”] is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice aims to give you information on how we collect and process your personal information, including any data you may provide through the website.
Earnex Financial Group is made up of Earnex, Earnex Global and EARNEX DMCC
This privacy notice is issued on behalf of Earnex so when we mention “company”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Earnex Financial Group, responsible for processing your data.
THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes: first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes: billing address, delivery address, email address and telephone numbers.
- Financial Data includes: bank account; source of funds, source of wealth; payment card details.
- Transaction Data includes: details about payments to and from you and other details of products and transactions you have placed via our services and/or products.
- Technical Data includes: internet protocol (IP) address (for FIX connections and ClearVision tools), 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, transactions or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes: information about how you use our products and services.
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 feature/ product or service we provide.
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). Nor do we collect any information about criminal convictions and offences.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions: You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account with us; - Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources, as set out below:
- Technical Data from the following parties:
(a) analytics providers such as Google based outside the EU;
(b) advertising networks
(c) search information providers - Contact, Financial and Transaction Data from providers of technical, payment and delivery services
- Identity and Contact Data from data brokers or aggregators
- Identity and Contact Data from publicly availably sources, such as Companies House or equivalent
- Online identity verification tools
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data where the law allows. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting the Compliance Department.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact the Compliance Department if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/ Activity | Type of Data | Lawful basis for processing including basis of legitimate interest |
|---|---|---|
| To register as a new client | -Identity documentation -Contact details | - Performance of a contract with you - Necessary to comply with regulatory obligations |
| To process and deliver your order including; managing payments, fees, charges and collect monies owed to us | -Identity documentation -Contact details - Financial information - Transaction details | - Performance of a contract with you - Necessary for our legitimate interests |
| To manage our relationship with you which will include: Notifying you about changes to our terms | -Identity documentation -Contact details | - Performance of a contract with you - Necessary to comply with regulatory obligations - Necessary for our legitimate interests |
| To administer and protect our business | -Identity documentation -Contact details | - Necessary to comply with regulatory obligations - Necessary for our legitimate interests |
| To use data analytics to improve our products/services, customer relationships and experiences | - Technical - Usage | - Necessary for our legitimate interests |
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You may receive marketing communications from us if you have requested information from us or opened an account with us and you have not opted out of receiving such communication.
THIRD-PARTY MARKETING
We will obtain your express consent before we share your personal data with any company outside the Earnex Financial Group of companies for marketing purposes.
OPTING OUT
You can ask us to stop sending you marketing messages at any time by emailing admin@earnexfinancialgroup.com
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service, warranty registration, product/service experience or other transactions.
COOKIES
This Cookies Policy describes how we will use cookies to distinguish you from other users of the Website. This helps us to provide you with a more relevant and effective experience when you browse our Website, including presenting websites according to your needs or preferences and it allows us to improve the site generally.
All websites that operate across certain parts of the European Union are required to obtain consent when using or storing cookies on your computer or mobile device. This Cookie Policy provides you with comprehensive information about the cookies we use and the way in which we use them.
1. What is a cookie?
Cookies are small files information that often include a unique identification number or value, which are stored on your computer’s hard drive as a result of you using our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our 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. Some of our business partners (i.e. advertisers) use cookies on our Website(s). We have no access to, or control over, these cookies.
The cookies do not contain personally identifying information nor are they used to identify you. You may choose to disable the cookies. However, you may not be able to access some parts of our Website if you choose to disable the cookie acceptance in your browser, particularly the secure parts of the Website.
2. How to delete and block cookies
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. Further information on deleting or controlling cookies is available at www.AboutCookies.org.
3. Your consent
By continuing to use our Website, you are agreeing to our placing cookies on your computer in order to analyse the way you use our Website. If you do not wish to accept cookies in connection with your use of this Website, you must stop using our Website.
4. The way in which we use cookies
4.1 Session Cookies
We use session cookies for the following purposes:
- To allow you to carry information across pages of our site and avoid having to re-enter information;
- Within registration to allow you to access stored information;
- Non-personal data for tagging purposes only.
4.2 Persistent Cookies
We use persistent cookies for the following purposes:
- To help us recognise you as a unique visitor (a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly.
- To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website.
- To internally identify you by account name, name, email address, customer ID, currency and location (geographic and computer ID/IP address)
- To differentiate users who are on the same network to enable us to correctly allocate transactions to the appropriate account.
- Within research surveys to ensure you are not invited to complete a questionnaire too often or after you have already done so.
4.3 Third Party Cookies
Third parties serve cookies via this site. These are used for the following purposes:
- To serve advertisements on our Site and track whether these advertisements are clicked on by users.
- To control how often you are shown a particular advertisement.
- To tailor content to your preferences
- To count the number of anonymous users of our site.
- For website usage analysis
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table above.
- Internal Third Parties as set out in the Glossary of this notice.
- External Third Parties as set out in the Glossary of this notice.
- Third parties to whom we may choose to transfer, or merge parts of our business or our assets.
If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
INTERNATIONAL TRANSFERS
We share your personal data within the Earnex Financial Group and with international service providers. This will involve transferring your data outside the European Economic Area (EEA). We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data as set out in this policy.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguard is implemented:
- Where we use certain service providers, we may use specific contracts based on the contents of this notice
DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate rounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact the Compliance Department.
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.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
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.
GLOSSARY
LAWFUL BASIS
| Legitimate Interest | means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to bylaw). |
|---|---|
| Performance of Contract | means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract |
| Comply with a legal or regulatory obligation | means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to. |
THIRD PARTIES
INTERNAL THIRD PARTIES
Other companies in the Earnex Financial Group [acting as joint controllers or processors] and who are based in the UK and Denmark, and provide IT and system administration services.
EXTERNAL THIRD PARTIES
- Service providers [acting as processors] based within the EU and Hong Kong, Japan and Singapore who provide IT and system administration services and client services relations management.
- Professional advisers [acting as processors or joint controllers] including lawyers, bankers, auditors and insurers based in the EU who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities [acting as processors or joint controllers] based in the United Kingdom, who require reporting of processing activities in certain circumstances.
