This Privacy Policy (as the same may be amended, varied, supplemented or otherwise modified from time to time, this "Policy") describes, sets out and governs the manner in which FundFX Trader ("FundFX Trader", the "Company", "we", "us" or "our"), acting in the capacity of controller in respect of the processing described herein, collects, obtains, records, organises, structures, stores, uses, discloses, transmits, transfers, retains, restricts, erases and otherwise processes personal data relating to or concerning you, in connection with, arising out of or relating to your access to, registration with, and use of the FundFX Trader website, evaluations, accounts and related services (collectively, and without limitation, the "Services"), and sets out, describes and explains the rights that may, subject to and in accordance with applicable law, be available to you. This Policy is to be read together with, is incorporated into, and forms an integral part of, our Terms and Conditions, and each capitalized term used but not otherwise defined herein shall have the meaning given to it in the Terms and Conditions. By accessing, using or continuing to access or use the Services, you acknowledge and confirm that you have read, examined and understood this Policy in its entirety.
We collect, obtain and process the following categories, classes and types of personal data, in each case to the extent applicable, relevant and necessary and as permitted by applicable law: (a) identification, contact and account data that you provide, submit or make available, such as, without limitation, your name, electronic-mail address, contact details, account credentials and any other information that you submit, provide or generate upon or in connection with registration, purchase, verification, support requests, communications or any other interaction with the Services; (b) account, transactional and evaluation data, including, without limitation, the products, Plans and services purchased or accessed, order, payment and transaction references and identifiers, evaluation, trading and account activity, results, metrics and statistics, and the history of communications, interactions and support generated in the course of, or in connection with, your use of the Services; (c) payment-related data, in respect of which we may receive from our payment providers confirmation and limited details of your transactions, it being expressly understood and acknowledged that full or complete card, bank-account or other payment-instrument numbers are handled and processed by such providers and are not collected, retained or stored by us; and (d) technical, device and usage data collected, obtained or generated automatically, such as, without limitation, internet-protocol addresses, device, browser and operating-system characteristics and identifiers, approximate or inferred location, connection and network information, and interactions with, and use of, the Services collected through cookies, local storage and similar technologies.
We process, and may process, personal data for any and all of the following purposes, in each case to the extent applicable and permitted by law: to create, establish, administer, maintain and secure your account; to provide, operate, administer, deliver, personalise and evaluate the Services, including, without limitation, evaluations, challenges and Funded Accounts; to process, verify, reconcile and account for payments, payouts, refunds, chargebacks and related accounting and financial records; to verify identity, age and eligibility and to prevent, detect, investigate, deter and address fraud, abuse, Prohibited Practices, security incidents and other unlawful, prohibited or unauthorised activity; to ensure and monitor the security, integrity, availability, continuity and proper functioning of the Services; to send, deliver and manage operational, transactional and administrative communications; to provide, manage and improve customer support and to handle enquiries, complaints and disputes; to develop, test, analyse, measure and improve our products, services, systems and content; to comply with and discharge our legal, regulatory, tax, accounting, audit and enforcement obligations and to establish, exercise and defend legal claims; and, where and to the extent permitted, to send marketing and promotional communications and to measure and analyse their effectiveness.
To the extent that any applicable law requires or provides for a legal basis for processing, we rely and may rely, as appropriate to and in respect of the particular purpose concerned, upon any one or more of the following: (a) the necessity of the processing for the performance, entry into or administration of the contract constituted by the Terms and Conditions, or in order to take steps at your request prior to entering into such contract; (b) our legitimate interests, or the legitimate interests of a third party, in operating, providing, securing, protecting, improving, developing and marketing the Services and in preventing, detecting and addressing fraud, abuse and misuse, save and except where and to the extent that such interests are overridden by your interests or fundamental rights and freedoms; (c) your consent, where and to the extent we request it, which you may withdraw at any time (without such withdrawal affecting the lawfulness of processing carried out on the basis of consent prior to its withdrawal); and (d) compliance with a legal, regulatory or other obligation to which we are or may become subject.
We, and our service providers acting on our behalf, use and may use cookies, local storage, pixels, tags and other similar technologies in order to, among other things and without limitation, enable, provide and secure essential functionality (such as keeping you signed in, maintaining your session and operating the checkout), remember, store and give effect to your preferences and settings (such as your language selection), maintain and monitor security and integrity, and understand, measure and analyse how the Services are accessed, navigated and used. Certain of these technologies are strictly necessary for the Services to function and cannot be disabled; others are used only where and to the extent permitted or, where required by applicable law, with your consent. You may, subject to the foregoing, manage, restrict, block or disable non-essential cookies and similar technologies through your browser settings or any preference or consent mechanism that we may make available; however, disabling, restricting or blocking certain technologies may impair, limit or prevent the functionality, availability or performance of the Services.
We send and may send operational, transactional and administrative communications that are necessary for, or that relate to, the provision, administration and security of the Services, such as, without limitation, confirmations, receipts, security and service notices, verification requests and important announcements; and, because such communications form an integral part of, and are necessary for, the Services, you may not opt out of or unsubscribe from them for so long as you maintain an account. Separately, where and to the extent permitted by applicable law, we may send marketing, promotional and similar communications concerning products, offers, features and content that may be of interest to you; and you may withdraw your consent to, or object to, such marketing communications at any time, without cost and without affecting your continued receipt of operational communications, by using the unsubscribe mechanism provided from time to time or by contacting us through the channels described in this Policy.
We do not, and shall not, sell your personal data. We disclose, share and make available personal data only to the extent necessary, appropriate and permitted, and only as follows: (a) to service providers, processors and sub-processors who process personal data on our behalf, in accordance with our documented instructions and subject to appropriate contractual, confidentiality and data-protection commitments and safeguards, including, without limitation, providers of payment processing, hosting, infrastructure and cloud services, electronic-mail and messaging delivery, analytics, security, fraud-prevention and customer-support services; (b) to competent courts, tribunals, regulators, authorities, law-enforcement agencies or other third parties, where and to the extent necessary or appropriate to comply with any legal, regulatory or governmental obligation, order, request or process, to respond to any lawful request, to establish, exercise, protect or defend any legal right or claim, or to protect the rights, property, safety, security or interests of the Company, its users or any other person; and (c) to any actual or prospective successor, acquirer, investor, financier or purchaser in connection with, or in contemplation of, any merger, acquisition, reorganisation, restructuring, financing, insolvency or sale, transfer or disposal of assets or business, in each case subject to appropriate confidentiality undertakings.
Your personal data may be collected, processed, stored, accessed and otherwise handled in, or transferred to, and may be processed by us and by our service providers in, countries, territories and jurisdictions other than the one in which you are located or resident, including countries, territories and jurisdictions whose data-protection laws, standards and protections may differ from, and may not provide the same or an equivalent level of protection as, those of your own jurisdiction. Where and to the extent that we transfer, or permit the transfer of, personal data internationally, we take and shall take such steps and implement such measures as we consider appropriate and as may be required by applicable law with a view to ensuring that such personal data continues to benefit from an adequate and appropriate level of protection, which measures may include, without limitation, the use of contractual protections, standard data-protection clauses or other lawful transfer mechanisms.
We retain, and shall retain, personal data for such period or periods as are or may be necessary, appropriate or required to fulfil and give effect to the purposes for which such personal data was collected and is processed, including, without limitation, in order to provide, administer and secure the Services, to comply with and discharge our legal, regulatory, tax, accounting and audit obligations, to resolve, address and manage disputes, complaints and enquiries, to prevent, detect and address fraud, abuse and misuse, and to establish, exercise, protect or defend legal rights and claims. The applicable retention period or periods is or are determined by reference to, among other factors, the nature, sensitivity and volume of the data, the purposes of the processing, the existence and duration of any applicable limitation period, and the requirements of applicable law. When and to the extent that personal data is no longer required or permitted to be retained, we shall delete, destroy or irreversibly anonymise it by appropriate means.
We implement and maintain, and shall implement and maintain, such reasonable and appropriate technical and organisational measures as are designed to protect personal data against accidental, unlawful or unauthorised destruction, loss, alteration, corruption, disclosure, access or processing, having regard to the state of the art, the costs of implementation, the nature, scope, context and purposes of the processing, and the likelihood and severity of the risks involved. Such measures may include, without limitation, access controls and restrictions, encryption where and as appropriate, and the segregation of duties. However, and notwithstanding the foregoing, you acknowledge and accept that no method or system of transmission over the internet, or of electronic or other storage, is or can be completely, entirely or absolutely secure, and that we cannot and do not warrant, represent, guarantee or undertake absolute or complete security.
Subject to, to the extent provided by, and in accordance with the law applicable to you, you may have the right, in certain circumstances and subject to certain conditions, exceptions and limitations, to: request access to, and information about, your personal data; request the rectification, correction or updating of inaccurate or incomplete personal data; request the erasure or deletion of your personal data; request the restriction of, or object to, certain processing; request the portability of certain personal data; withdraw your consent where and to the extent processing is based on consent; and lodge a complaint with a competent supervisory or data-protection authority. In order to exercise any such right, you should contact us through the channels indicated in this Policy; and we may require, and you shall provide, such information as is reasonably necessary to verify and confirm your identity before responding, and we may decline, in whole or in part, any request where and to the extent permitted or required by applicable law. We shall respond to any such request within the period, and in the manner, prescribed or permitted by applicable law.
The Services are intended, designed and made available solely and exclusively for, and are to be accessed and used only by, persons who are of the age of at least eighteen (18) years and who possess full legal capacity. We do not knowingly or intentionally collect, solicit or process personal data relating to or concerning minors. If we become aware, or have reasonable grounds to believe, that we have collected or processed personal data from or concerning a person who is a minor otherwise than in accordance with applicable law, we shall take such reasonable steps as are appropriate to delete or erase such data. If you believe or become aware that a minor has provided or made available personal data to us, please contact us through the channels indicated in this Policy.
We may, at any time and from time to time and in our discretion, amend, vary, update, supplement, restate, replace or otherwise change this Policy, in whole or in part, in order to reflect, among other things, changes in our practices, operations, technologies, service providers or legal, regulatory or business requirements. The amended, updated or changed Policy will be published, posted or otherwise made available on this page and, where and to the extent appropriate or required, we will provide such additional notice as may be appropriate through the website or by electronic mail. Any such amendment, update or change takes effect prospectively upon publication or upon such later date as may be specified; and your continued access to or use of the Services following the effective date of any such amendment, update or change constitutes and shall be treated as your acknowledgement of, and (where applicable) your consent to, the amended, updated or changed Policy.
If you have any question, concern, request or complaint in relation to, arising out of or concerning this Policy, our privacy practices or the processing of your personal data, or if you wish to exercise any right described or referred to herein, you may contact us through the contact form made available on the website or through your account dashboard. We will receive, consider and handle your enquiry, request or complaint in accordance with this Policy and applicable law.