Data Protection Policy
By using FxCash Services, you hereby irrevocably agree with this Policy and all the terms and conditions of your personal information processing described herein. If you do not agree with this Policy, please do not use our Services.
1. General Provisions
1.1. FXCASH OÜ (FxCash), as well as other legal entities engaged by FXCASH OÜ for providing services and duly authorized by FXCASH OÜ, as defined in the Public Offer Agreement, are Personal Data Controllers for the Client. FxCash contact details are listed on https://fxcash.net/contacts. Contact details of the Data Protection Officer are the following: [email protected].
1.2. The processing of any personal information collected by FxCash is governed by the General Data Protection Regulation and other applicable laws and regulations. All developers, representatives, and employees of FxCash representatives that are aware of such personal data shall protect such data even after they are no longer bound by any agreements or labor contracts.
1.3. FxCash reserves the right to engage personal data operators in order to process the collected personal data, and/or hire other third parties for performing certain actions on behalf of FxCash, at its sole discretion. When doing so, FxCash takes all reasonable steps to make such operators process the personal data as per FxCash policies and the applicable laws and regulations, as well as requires all personal data operators to ensure personal data protection and security.
1.4. This Data Protection Policy is the Annex to the Public Offer Agreement (the "Agreement") and comes into effect at the same time as the Public Offer Agreement once the Client signs up with the Service. This Policy hereby sets forth the rules of collection, processing, and storing of the Client Personal Data and other information related to the Client, as well as determines the volume of the Personal Data being processed, the goals, the sources, the receivers, and other relevant aspects of Personal Data protection in the course of the Client's using FxCash services. To that end, before using FxCash services, you should carefully read and understand this Data Protection Policy.
1.5. FxCash respects the privacy law and takes all reasonable steps in order to ensure the personal data and other information being processed through FxCash Service is treated as confidential and protected at times.
1.6. The Client may visit FxCash Service websites without providing any personal details; if the Client, however, is willing to register an Account in the Service and/or use other FxCash services, the Client will be required to submit some of their personal data and complete the identity verification process.
1.7. By visiting the Service websites and/or using the Service information or services, the Client hereby confirms that they have read and understood this Policy and have agreed to it. FxCash reserves the right to amend this Policy at its sole discretion; to that end, the Client, when visiting Service websites, shall read the newest version of this Policy that is effective at the moment of the Client's visit.
1. Client Personal Information Being Processed by FxCash
2.1. This Policy defines "Personal Information" as:
2.1.1. Any personal information that you provide us with voluntarily during the registration process (the account creation process) or in the course of using the services. The personal Information may include your personal details. The information required for using the Services shall be marked as mandatory/required; any other information may be provided at your discretion.
2.1.2. The information that is automatically sent to FxCash Services in the course of using those through the software installed on your device, including, without limitation, your IP address, information provided by cookies, information on your browser or other software used for accessing the Services, technical features of your hardware and software, date and time of accessing the Services, requested pages' URL's, and any other such information.
2.1.3. Any other information processed by FxCash in compliance with any individual agreement regarding any Service.
2.2. This Policy applies only to the information, which is processed in the course of using FxCash Services. FxCash has no control over and shall not be held liable for any third party websites, which may process your personal information and which you may access through links available on FxCash Website.
2.3. FxCash does not check whether the information you provide is true and/or accurate, and cannot verify whether you are legally capable. By default, FxCash shall deem the information you provide us with is valid and accurate, and shall maintain such information updated. For any consequences arising from providing inaccurate or invalid information please, refer to our Public Offer Agreement at https://fxcash.net/privacy.
3. Data Processing Purposes and Retention Period. Personal Data Providers and Receivers
3.1. FxCash shall collect and store only such personal information that is required for providing you with the Services or for effecting any agreements and/or contracts between you and us, with the exception to such cases when storing personal information during a certain period is required by the applicable law.
3.2. FxCash shall process your personal information in order to:
3.2.1. Identify you as a Party to the agreements or contracts between you and FxCash;
3.2.2. Provide you with personalized Services and meet obligations to you stipulated in the appropriate agreements and/or contracts;
3.2.3. Contact you, which includes sending you notifications, requests, and information with regards to using the Services, executing agreements and contracts, as well as processing your applications and requests;
3.2.4. Comply with the Know Your Customer (KYC) policy;
3.2.5. Update Client information in order to always keep those up to date;
3.2.6. Duly provide organization and risk management;
3.2.7. Improve the quality of the Services, making them more convenient for you, developing new Services;
3.2.8. Provide you with offers in connection with FxCash services through direct marketing;
3.2.9. Run statistic and other research based on non-identifiable data.
3.3. For purposes indicated in Cl. 3.2.1 to 3.2.7:
3.3.1. The following Personal Data may be processed: first name, last name, address, date of birth, ID details, ID copies or photographs, email address, telephone number, IP address, bank account details, electronic wallet details, broker trading account details.
3.3.2. The Personal Data retention period shall be five (5) years after termination of the Agreement. This retention period may be prolonged for up to two (2) years, with a permission duly issued by a relevant authority.
3.3.3. The supplier of Personal Data is the owner of such data.
3.3.4. The receivers of Personal Data are FxCash and other entities with legal interest, as well as any entity being the subject of the FxCash agreements, but only with the Client's consent to transfer such Personal Data.
3.4. For purposes indicated in Cl. 3.2.8 to 3.2.9:
3.4.1. The following Personal Data may be processed: email address, telephone number.
3.4.2. The retention period is twenty-four (24) months after the termination of the Agreement or after the Client files a disagreement to process their Personal Data.
3.4.3. The supplier of Personal Data is the owner of such data.
3.4.4. The receivers of Personal Data are search engines and social networks. You may refuse to provide your Personal Data to those, which is guaranteed by such search engine and social network policies. FxCash shall not disclose such Personal Data to any other third parties.
3.5. Any data collected with the aforementioned purposes, except for the first name, last name, address, ID details, ID copies and photographs, account details, and electronic wallet details, may be used for analytical and statistical purposes. Such data are included into the analysis and processed so that the identity of the data owner may no longer be verified. Personal Data collection with analytical and statistical purposes are based on the legal interests in analyzing, improving, and expanding the existing business. You have the right to refuse to provide your Personal Data to FxCash at any time, with an appropriate prior notification to FxCash in any form. Nonetheless, FxCash may continue processing your data with statistical purposes, in case there are enough legal reasons that prevail over the interests, rights, and freedoms if the data owner, or in case of complying with or protecting legal requirements.
3.6. The Personal Data collected with the purposes indicated in this Policy are not processed in any way that is against legal purposes or the regulatory requirements.
3.7. Any aforementioned information constituting the Personal Data shall not be transferred to any third parties without your consent, except when required by the applicable law or in order to provide the services within the Service.
3.8. The Client hereby agrees to submit their Personal Data through software and other solutions used by FxCash or its authorized representatives, as well as other third parties bound with personal data processing agreements with FxCash in compliance with the applicable laws and regulatory requirements.
4. Data Profiling
4.1. Data profiling carried out by FxCash is related to automated data processing with the purposes set forth by the law regarding risk management and continuous tracking in order to prevent fraudulent activities. Such profiling is based on FxCash legal interests, as well as on performing its obligations and the requirements under the Agreement.
4.2. Data profiling may be performed through Google, Facebook and other analytical tools, with the purposes of marketing and strategic analysis.
5. Transferring Client Personal Information to Third Parties
5.1. FxCash reserves the right to disclose your personal information to a third party in any of the following cases:
5.1.1. You cannot use any our Service or execute any agreement or contract with us unless we disclose your personal information;
5.1.2. We are required to disclose your personal information as per the law of the Republic of Estonia or other applicable law, to the extent permitted by such law;
5.1.3. We sell or otherwise transfer our business or any of its parts; the person or entity acquiring our business shall meet all terms and conditions of this Policy with regard to the personal information they receive;
5.1.5. Your personal information has been processed in such a way that the information becomes anonymized, or non-identifiable; such statistic data ,ay be sent to a third party for research, conducting operations, and rendering services on behalf of FxCash.
6. Modifying, Deleting Personal Information. Mandatory Retention Policy
6.1. At any time, you may edit, update, or otherwise modify the personal information you have provided us with by logging into the FxCash Member Area at https://my.fxcash.net/ and going to Personal Information > Edit.
6.2. You may also delete your personal information, which is linked to your account, by sending such a request to FxCash customer support. Please note: If you delete your personal info, you may not be able to use FxCash Services.
6.3. Your rights provided under 6.1 and 6.2 herein may be restricted as per the applicable law. Such restrictions may include, without limitation, mandatory requirements to store your edited or deleted personal information for the period required by the applicable laws and regulations, and disclose such information to the extent permitted by such law to a governmental body or authority.
7. Personal Information Processing through Cookies and Counters
7.3. FxCash reserves the right to provide any of its Services only in case cookies are accepted and received.
7.4. The structure, content, and technical features of any cookie will be determined by FxCash and may be changed without any prior notice to you.
7.5. FxCash may also place counters into the Services, which are used to analyze your cookies, collect and process statistic data on using the Services, and ensure the performance of the Services or some of their features. All technical specifications of any counter shall be determined by FxCash and may be changed without any prior notice to you.
8. The Client's Right to Review the Data Being Processed, Amend, Remove Such Data, or Restrict the Data Processing
The Client has the right to:
8.1. REVIEW THE DATA: Get information on whether FxCash processes your data, and if it does, review your Personal Data being processed by FxCash, as well as get information which sources such data have been collected from, which purpose they are processed for, and who they are or may be transferred to. The Client also has the right to get a copy of the Client Personal Data from FxCash, in accordance with the law. Upon receiving the appropriate notice, within the term determined by the applicable law, FxCash shall provide such Personal Data in written form or shall indicate the reasons for refusing to provide such data. The Personal Data may be provided free of charge once in a calendar year; in other cases, a fee may apply, but such fee shall not be greater than the prime cost of such data.
8.2. REQUEST TO AMEND THE DATA: In case the data being processed by FxCash are incorrect, incomplete, or inaccurate, the Client has a right to contact FxCash with a written notice requesting to amend such incorrect or inaccurate data or complete those data that are incomplete.
8.3. REQUEST TO REMOVE THE DATA: Request to stop processing your Personal Data or remove them completely, when the Personal Data are processed based on the data owner consent, and such data owner revokes their consent, or in case such Personal Data are no longer required for the purpose they have been gathered, or when such data have been collected illegally, or they must be removed as per a legal obligation. Such written dissent shall be presented in person, sent by regular mail, or through means of electronic communication. As long as such dissent is lawfully sufficient, FxCash will stop processing your Personal Data upon considering your request, except as required by the applicable law. Please note that the right to request to delete your Personal Data immediately may be restricted or impossible because of the legal obligation of FxCash consisting in mandatory storing the Client Identification information, financial transaction and contract data, etc., during the retention period specified by the law.
8.4. RESTRICT PERSONAL DATA PROCESSING: Request to restrict the Personal Data processing in the following cases: (i) the data owner is unsure of the data accuracy and wants the processing to be restricted within the terms during which the Personal Data Controller may verify the Personal Data accuracy; (ii) the data processing is illegal, while the data owner does not want to remove their data completely, but requests to restrict the processing; and (iii) the Controller no longer needs the Personal Data, but they are still required for auctioning and protecting legal rights. The Personal Data Controller shall also notify the data owner once such restrictions are no longer effective.
8.5. REQUEST TO CANCEL: The right to stop being contacting by the Company and stop the data processing with direct marketing purposes;
8.6. File a complaint to a regulatory authority regarding your Personal Data processing in case your Personal Data processing is against the applicable law, your legal interests, or rights;
8.7. Contact the Data Protection Officer and/or the Personal Data Controller with regard to your Personal Data protection;
8.8. Use other rights granted by the applicable law.
8.9. All requests to review or amend your Personal Data or dissents on your Personal Data protection should be sent to [email protected]. Please specify your first and last name in your request and attach a copy of your ID.
9. Your Personal Information Protection
9.1. FxCash shall take all necessary and sufficient measures, technical, organizational, or otherwise, to protect your personal information against accidental or unauthorized access, preventing such information from being removed, modified, blocked, copied, distributed, or otherwise illegally managed by third parties.
11. Feedback and Queries
Last Version as of: November 26, 2018