Privacy Policy

1. Introduction

   1. Company Information and Legislation
      TSG Brokers Ltd (hereafter the “Company”) is a Cyprus Investment Firm, authorised and regulated by the Cyprus Securities and Exchange Commission (the “CySEC”), with a licence number 291/16.
      This policy is created to reflect Law 125(I)/2018, as adopted for the effective implementation of the Regulation (EE) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereafter the “GDPR”)
   2. Purpose of this Policy
      For the provision of services from our Company, we require to collect personal information during the registration and throughout the time that you use our services. This Policy intends to explain how any information you provide us will be used and utilised. Any personal information that we hold, will be governed by the most up to date Privacy Policy, to which you are required to provide your consent in order to use and/or continue to use our services.This Policy statement aims to give you information on how the Company collects and processes personal data through your use of this website and the platform, including data provided through this website when purchasing products or services as per the Client Agreement.
   3. Controller
      The Company is the controller and responsible for your personal data.
      For any questions that you may have regarding this Policy or to exercise your legal rights, please contact:
      Contact Details:
      Full name of legal entity: TSG Brokers Ltd
      Point of Contact: Data Protection Officer
      Email: dpo@tsgbrokers.com
      Postal address: 18 Kyriakou Matsi Avenue, Victory Tower, office 302, Nicosia,1082, Cyprus
      Telephone number: (+357) 22 008 100

2. Personal Data and Personal Information

   1. What we collect.
      Personal data and/or personal information, means any information about an individual from which a
      person can be identified.
      More sensitive data (e.g. information about criminal convictions) warrant a higher level of protection.
      The data that we may collect, use, store and transfer include but not limited to:
      • Title (Mr, Mrs, Miss etc)
      • Name (First name, Maiden name, Surname and Username)
      • Email address
      • Telephone Number
      • Data of Birth
      • Place of Birth
      • Gender
      • Home address (including documents for proof of address)
      • Bank details
      • Tax Identification Number (TIN)
      • Photo ID or Passport Documents (for the purposes of ID Verification)
      • Economic profile (including information about income, source of wealth, details about assets, trading history, savings, and others)
      • Professional Data (including level of education, profession, work experience in Forex/CFD’s, information about Client Experience, knowledge in forex industry and risks)
      • Transaction Data (including information about deposit and withdrawal methods, products and services purchased from the Company)
      • Technical Data (such as the Client’s IP address, browser type, operating system, devices used to access the website)
      • Information about how Clients use the website, services, and products.
      • Any other required personal data

      We may also collect information from third parties for the purposes of confirming information provided to us for the purposes of conducting Sanction Screenings and PEP searches.
      More sensitive types of personal information may also be collected and stored such as:
      • Information about criminal convictions
      This information is collected as part of our anti-money laundering obligations and are retained as per the regulatory requirements.

   2. Failing to provide personal data
      All personal information and data we collect, are part of our statutory obligations or part of the contractual agreement we have with our clients. Failure to provide the requested personal information when requested, we may not be able to perform the contract we are entering with the client and as such we
      reserve the right to refuse or cancel the provision of services. Client’s will be notified of such decisions if this is the case and will be done so at the time.
   3. Keeping Information Up to date
      If any of the original information provided during registration have changed, it is the client’s responsibility and obligation to update the Company of such changes immediately. Failure to do so could result to suspension of the client’s account or permanent removal from our services.
   4. Reason we collect the above data and information.
      The reasoning for the above is but not limited to:
      • Identify clients and carry out the appropriate due diligence before the onboarding procedure is
        complete.
      • Screen and use third-party sources to check the validity of the information provided (including but not limited to conducting background checks and demographic information)
      • Build an Economic Profile during the registration process.
      • Understand the risk appetite of the client.
      • Determine, based on a client’s background, their suitability and appropriateness.
      • Communicate with the client.
      • Safeguard client’s assets
      • Provide services to the client.
      • Fulfil our statutory obligations (including compliance and regulatory reporting)
      • To improve the services provided to clients.
      • Marketing purposes
      • Legal notifications

3. How data and Information is collected.

   1. Methods of collection
      Any information that is collected, can be done so through numerous ways including:
      • Registration (when applying to create an account, by filling the registration forms on our website, or through any other applicable correspondence)
      • Subscribe to our Marketing Communications.
      • Provide us with feedback.
      • Make requests under the Agreement.
      • Apply for products and services.
      • Automated technologies or interactions (through our website and/or app, where we automatically collect technical data about your equipment and browsing. To collect such data, we use cookies and other similar technologies. Please see our cookie policy here.

      We may also use third parties or collect information through other publicly available venues such as social media, Google, partners, and others.

   2. The Purposes of The Processing of Personal Data
      We process your Personal Data for one or more of the purposes outlined in this section and according to
      the appropriate legal basis.
      We will not process your Personal Data unless there is a legal basis for such processing.
      The legal bases according to which the Company may process your Personal Data are as follows:
      1. Legitimate Interests – Processing is necessary for the purposes of provision of the services, or any other legitimate interests pursued by the Company or by a third party. For example, to
         improve our services, we will use the data collected during your use of the services to enhance our website or services, or for the exercise or defense of legal claims.
      2. Consent – Your consent that the Company will process your Personal Data for one or more specific purposes. For example, for the purpose of sending you marketing materials.

4. Disclosure and Use of Personal Data and Information

   1. DisclosureWe may have to share any personal data and information with third parties such as: Service Providers, Partners, It and System administrative services, Lawyers, auditors, issuers based in Cyprus and the European Union and when requested by the Supervisory authority.We require all third parties to respect the security of all the Client personal data and information and to treat it in accordance with the Law. Third-party service providers are not permitted to use Client personal data for their own purposes and are only permitted to process them for specific purposes and in
      accordance with our instructions.
   2. How Personal data and Information is used.
      We may only use Client personal data and information as and when the law allows us to do so. Most common circumstances include:
      • For the performance of our contract
      • Where is necessary for ours or the clients’ legitimate interests
      • To comply with legal and regulatory obligations.

      Please see below the table explaining the purpose and/or activity relating to the use of personal data and
      information.

      Purpose and/or Activity	Data/Information	Basis for usag
      Register new client	Identity, Contact Information, Financial Information, Professional Information, Tax	Comply with law Performance of Contract
      Order process and delivery: Manage payments Collect/recover funds owed	Identity, Contact Information, Financial Information, Transaction History, Marketing and Communications	Legitimate Interests Contract performance
      Notifications: Change in legal documents. Asking for feedback	Identity, Contact Information, Marketing and Communications	Legitimate Interests Comply with our legal obligations Contract performance
      Troubleshooting, testing, support and system maintenance, data analytics	Technical data, Identity, Contact, Usage	Legitimate Interests
      Knowledge and Experience Identification	Identity, Financial Information and Professional Information	Legal Obligations

   3. Marketing
      We may provide clients from time to time with personalised marketing communications based on their choices and certain personal data.
   4. Opting Out
      Clients have right to request the stop of sending marketing messages at any time by contacting us through this email (support@tsgbrokers.com). Please note that opting out, only applies to marketing communications as we are required to keep you updated with any important changes that may affect you or your account.
   5. Cookies
      We use cookies to store and collect information about your use of our Website. Cookies are small text files stored by the browser on your equipment’s hard drive. They send information stored on them back to our web server when you access our Website. These cookies enable us to put in place personal settings and load your personal preferences to improve your experience. You can find out more about our cookies on our “Cookies Policy” available here.We may use external organisations to help manage, update, create and maintain our website, analysing all statistical data collected. Such organisations may install and use their own cookies on our behalf.

5. Security

   We have implemented suitable security policies, rules and technical measures to protect and safeguard your Personal Data under our control from unauthorized access, improper use or disclosure, unauthorized modification, or unlawful destruction.

6. Recording of telephone conversations and of electronic communication.

   The Company maintains the right to record any communications, either electronic (email, social media, electronic messages), by telephone, in person or other methods not limited to the aforementioned, in relation to the services provided to its clients and their business relationship with our Company. These communications shall constitute Company property and will be considered as evidence of our communications between us and our clients.

   Any of the above communication may be provided to clients upon their request.

7. Your legal rights

   Under certain circumstances, client have rights under the GDPR in relation to their personal data:

   • • May request access to their personal information.
       You can ask us at any time to send you a confirmation as to whether or not your personal data are being processed. If we process your data, we will provide you with further details on the processing. If you request it, we will also provide you with a copy of the personal data processed.
       Please note that the first copy is free of charge, but later copies will be provided for a small fee.
     • May request of correction in cases where the information provided or the information, we have
       is incorrect.
     • Request erasure of personal data.

   You have the right to obtain from us the erasure of personal data concerning you without undue delay in the following cases:

   • • 1. If the data are no longer necessary in relation to the purposes for which we have collected or otherwise processed them;
       2. If you withdraw your consent to their processing and, at the same time, there will be no other legal ground for their processing (this only applies in the cases where we process personal data on the basis of your consent);
       3. If you object and there are no overriding legitimate grounds for the processing, or if you object to the processing for direct marketing purposes; or
       4. If your personal data are processed unlawfully.

   We will not be able to act on the request for the erasure of personal data if their processing is necessary for exercising the right of freedom of expression and information, for compliance with any of our legal obligations, for the performance of a task carried out in the public interest, for the establishment, exercise, or defense of our legal claims, or for other reasons provided for by law.

   • Right to restriction of processing
     In cases stated in article 18 of the GDPR, you have the right to obtain from us restriction of processing of your personal data for a certain period.
   • Clients may object to the processing of their data and information especially in cases where there is a situation where clients feel that it impacts their fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
     In case we process your personal data for marketing purposes about our products and services, we will terminate the processing without undue delay upon receipt of the objection. In such a case, we will no longer be able to send you offers of our products and services.
   • 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.
   • Right to withdraw consent on how the data is processed. 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.
   • Right not to be the subject of automated decision-making Except where processing is necessary for entering into, or performance of, a contract, where this is permitted by applicable law, or based on your express consent, you have the right not to be the subject of any decision which is based solely on automated processing, including profiling, which produces legal effects concerning you or similarly affects you to a significant extent.
   • Right to lodge a complaint with the supervisory authority
     If you believe that we are processing your data in violation of the relevant legal regulations, you can lodge a complaint with the relevant supervisory authority. Based on our registered office, our relevant supervisory authority is “xxx” with its address “xxx”, Tel: “xxx”, e-mail: “xxx”. More information about the Office can be found on the following website: “xxx”.

   There will be no fee to have access to your personal information, however, we may charge a fee in cases where clients are repetitive or excessive with their requests.
   Any request for the above, will be attended to within one month, and if the request is particularly complex or large is size may take longer. In any case, you will be notified and kept up to date.
   You can send the relevant request to the following e-mail address: dpo@tsgbrokers.com

8. Transfer of Personal Data to a third country or an international organization

   1. Clients’ Personal Data may be transferred to a third country (i.e. jurisdictions other than the clients’ residence) or to international organizations. In such circumstances, the Company shall take appropriate safeguards to ensure the protection of Clients’ Personal Data and to provide that enforceable data subject rights and effective legal remedies for data subjects are available.
   2. If the client is an EEA resident, please note that these safeguards and protection will be available if any of the following are met:
      
      1. The transfer is to a third country or an international organization that the EU Commission has decided provides an adequate level of protection to the Personal Data that is transferred to it pursuant to Article 45(3) of Regulation (EU) 2016/679 of the European Parliament and of the
         Council of 27 April 2016 (“GDPR”);
      2. The transfer is according to a legally binding and enforceable instrument between public authorities or bodies pursuant to Article 46(2)(a) of the GDPR; or
      3. The transfer is in accordance with standard data protection clauses adopted by the EU Commission pursuant to Article 46(2)(c) of the GDPR.

   The Client may request that the Company provides him with details concerning the safeguards employed by it to protect the Personal Data that are transferred to a third country or an international organization, by sending an email to the following address: dpo@tsgbrokers.com.

9. Retention and Storage

   1. Retention
      Personal Information and Data will be retained as long as it is necessary, for any purpose that it was collected including complying with the local and international legislation, accounting, and reporting requirements.
      The duration of retention depends on the kind of information, the nature of information, its sensitivity, and the potential risk of harm.
      Retention periods may be extended if we are required to preserve Client Information in connection with litigation, investigations and proceedings. Further to the time mentioned above, records will be securely destroyed and removed from our possession. Communications between the
      Company and Clients will also be held for a period of up to 5 (five) years.
   2. Storage
      Keeping client and other information secure is of great importance to our Company and any such information held, however they may have been collected, shall remain in the Company’s records throughout the period in which a client has a business relationship with us.
      Records of all information may be kept in secure computer storage, paper-based files, and other records, taking all appropriate measures to protect such personal information from being lost, misused, modified
      or disclosed.

10. Restriction of Responsibility

    The Company does not hold any responsibility and shall not be held responsible for the Privacy Policies of any other third-party company, or partner that may be linked to it. The company also has no control on how Client information will be used by such third-parties or partners.
    The Company shall not be liable for information provided by the client to any linked websites which are not operated by the Company. Please note that such information is recorded by a third party and will be governed by the privacy policy of that third party.
    Whenever you access such third-party websites and applications, we recommend that you carefully review their privacy policies prior to using such websites and/or applications and prior to disclosing any Personal Data.

11. Changes and Updates to this Policy

    This Privacy Policy is reviewed from time to time and at least once a year, taking into account the changes in local and international legislation but also the changing environment and advances in technologies. This is to ensure that it remains appropriate to the changing environment.
    The Company shall inform Clients about any changes in this Privacy Policy document and as to how their information is affected following the aforementioned changes.

Contact Details

For any queries relating to this Policy, please contact us at dpo@tsgbrokers.com.