PRIVACY POLICY
Introduction
Prime Trading Services trading as PTX Markets (hereinafter the “Company”, “we” or “our”) is incorporated under the laws of Vanuatu with Registration number 40429 having its registered office at AJC, PO BOX 1276, Govant Building, Kumul Highway, Port Vila, Vanuatu.
This Privacy Policy (herein the “Policy”) and all non-contractual obligations and other matters arising from them or in connection with them shall be governed by and construed in accordance with Australian law (herein the “Law”).
This privacy statements covers the website www.ptxmarkets.com and all its related sub-domains and mobile applications that are registered and operated by PTX Markets.
The Company in accordance with the provisions of the Law, outlines in this Policy how the it collects, maintains, uses and discloses personal information of the Client. This Policy applies to PTX Markets which shall follow the principles as outlined herein.
This Policy also applies to existing clients, prospective clients, clients who have terminated their contractual relationship with the Company and website visitors (hereinafter jointly referred to as the “Clients” or “you”) who are accessing or using the Company’s website(s) and mobile applications (hereinafter referred to as the “Platforms”).
The Company is committed to protecting the privacy of all Clients personal data which it processes in accordance with the provisions of this Policy and the Company’s Terms of Use.
For the purposes of this Policy, references to Personal Data shall mean data which identifies or may identify Clients and which may include, for example, a Client’s name, telephone number and date of birth.
Collection of Personal Data
The Company collects different types of Personal Data through the Company’s Platforms from Clients who visit such Platforms or access, use or request products and services offered by the Company.
The provision of certain Personal Data is required to establish a contractual relationship with the Company. Clients not wishing to provide such Personal Data will not be able to open an account with the Company or be provided with other products and/or services of the Company.
Clients have a responsibility to ensure that the Personal Data they provide to the Company and recorded in their personal account remain accurate and up to date throughout the period of their contractual relationship with the Company.
In addition to the information provided by Clients, the Company also lawfully collects and processes Personal Data from publicly available sources (including the press, social media and the internet) and third-party risk management software solutions in order to meet is regulatory obligations and for confirming the validity of the provided information.
The Personal Data received from the Client, collected and processed by the Company are required for the communication, identification, verification and assessment for the business relationship establishment with the Client, contract performance and legal compliance. The following Personal Data may be collected from Clients depending on the product and/or service the Company provides:
Identity Data such as first name, maiden name, last name, proof of identity, username or similar identifier, title, date and place of birth, gender, country of residence and citizenship.
Contact Data such as billing address, delivery address, email address, telephone number(s), proof of address.
Professional Data such as level of education, profession, employer name, work experience, financial awareness, trading experience.
Tax Data such as country of tax residence, tax identification number.
Financial Data such as annual income, net worth, source of funds, anticipated account turnover, bank account, bank statements, payment card details and copy thereof, e-wallet information.
Transaction Data such as details about payments to and from you, information on products and services you have purchased from us, deposit methods, purpose of transactions with us.
Technical Data such as internet protocol (IP) address, 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 the PTX Markets website and Platforms.
Profile Data such as your username and password, purchases or orders made by you, your interests, preferences, feedback, survey responses.
Usage Data such as information about how you use our website, products, services.
Marketing and Communications Data such as your preferences in receiving marketing from us and any third-party companies on our behalf and your communication preferences.
We obtain this information in several ways through your use of our services including through any of our websites, apps, the account opening applications, our demo sign up forms, webinar sign up forms, subscribing to news updates and from information provided in the course of ongoing customer service communications. We may also collect this information about you from third parties such as through publicly available sources. We also keep records of your trading behaviour, including records regarding the following:
products you trade with us and their performance;
historical data about the trades and investments you have made including the amount invested;
your preference for certain types of products and services.
The Company also collects, use and share aggregated data such as statistical or demographic data. Non-personal data may be derived from your personal data but is not considered personal data for the purposes of law as such does not directly or indirectly reveal your identity in any way whatsoever. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website and webpage feature. However, if we combine or connect aggregated data with your personal data in a way that, either directly or indirectly, identifies you we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
The Company may record any communications, electronic, by telephone, in person or otherwise, that we have with you in relation to the services we provide to you and our business relationship with you. These recordings will be our sole property and will constitute evidence of the communications between us. Such telephone conversations may be recorded without the use of a warning tone or any other further notice.
Where the Company receives personal information about an individual which is unsolicited by us and not required for the provision of our services, we will securely destroy the information (provided it is lawful and reasonable for us to do so).
Use of Personal Data
The Company collects and processes Personal Data which are required for the evaluation, establishment and maintenance of the contractual relationship between the Company and the Client and in order to comply with the Policy and applicable laws and regulations governing the provision of financial services.
Specifically, the Client’s Personal Data will most commonly be used in the following circumstances:
1. Where the Company needs to perform the contract it has entered with the Client or in order to take certain steps prior to entering into a contract with the Client. Processing the Client’s Personal Data is necessary to ensure that the Company can:
i. Verify the Client’s identity and carry out any required credit checks;
ii. Ensure that the Client meets the suitability requirements to use the Company’s products and services;
iii. Manage the account the Client holds with the Company;
iv. Process the Client’s transactions; and
v. Send to the Client any information about transactions/post-transactions services.
If the Client does not provide the requested Personal Data, the Company may be unable to offer the Client with its products and/or services.
The Company is required to comply with certain legal and regulatory obligations which may involve the processing of Personal Data. Such obligations and requirements impose on the Company necessary data processing activities such as for identity verifications or other reporting obligations and anti-money laundering controls.
The Company may use Personal Data for the following purposes:
i. To develop or enhance its products or services;
ii. To enhance the security of the Company’s network and information system;
iii. To identify, prevent and investigate fraud and other unlawful activities, unauthorised transactions and manage risk exposure;
iv. To maintain its accounts and records;
v. To manage its business operations and comply with internal policies and procedures;
vi. To defend, investigate or prosecute legal claims;
vii. To receive professional advice (such as legal advice); and
viii. For the analysis of statistical data which helps the Company in providing its Clients with better products and services in the future. It should be noted that the Company anonymises and aggregates such data so that the data does not directly or indirectly reveal the Client’s identities. The Company may provide this statistical data to third parties solely for statistical purposed and in an effort to improve the Company’s marketing campaign.
The Company will ask the Client’s consent when the Company wishes to provide marketing information to its Clients in relation to its products or services which may be of interest to the Client.
The Company will request the Client’s consent to electronically verify their identity by providing their personal information to identity verification providers. The Client may withdraw such consent at any time.
Use of Personal Data
Personal data is kept in personnel files or within the Company’s Human Resources systems. We have a separate employee non-disclosure agreement for employees, which will be provided upon recruitment. The following types of data may be held by the Company, as appropriate, on relevant individuals:
1. name, address, phone numbers, date of birth, email address, gender, marital status, etc.;
2. CVs and other information gathered during recruitment;
3. references from former employers;
4. National Insurance numbers;
5. Criminal conviction data;
6. job title, job descriptions and pay grades;
7. conduct issues such as letters of concern and disciplinary proceedings;
8. internal performance information;
9. medical or health history/information;
10. tax codes;
11. terms and conditions of employment;
12. training details.
The Company may further ask for other personal information as is necessary for the purpose of recruitment.
If you are unsuccessful in obtaining employment, we will seek your consent to retaining your data in case other suitable job vacancies arise in the Company for which we think you may wish to apply. You are free to withhold your consent to this and there will be no consequences for withholding consent.
Sharing and Disclosure of Personal Data
As part of using your personal data for the purposes set out above, the Company may disclose your personal information to the following:
any members of the Company, which means that any of our ultimate holding companies and their respective subsidiaries may receive such information;
our Associates, for business purposes, including certain third parties such as service providers and specialist advisers who have been contracted to provide us with administrative, financial, legal, insurance, research or other services;
business introducers with whom we have a mutual business relationship;
business parties, credit providers, courts, tribunals and regulatory authorities as agreed or authorised by law;
payment service providers (PSPs) and/or banking institutions in relation to issues raised regarding deposits/withdrawals to/from trading account(s) held with the Company and/or for the purpose of commencing an investigation regarding such matters (e.g., third party deposits);
anyone authorised by you.
Through the performance of the Company’s contractual and statutory obligations, the Client’s Personal Data may be disclosed to third parties. Such third parties enter into contractual arrangements with the Company by which they observe data protection and confidentiality.
Under the circumstances referred to above, recipients of Personal Data may be, for example:
Third party payments service providers who help the Company provide its Clients the services of secure deposit and withdrawal facilities to and from a Clients account;
Other service providers that the Company has chosen to support it in the effective provision of its products and services by offering technological expertise, solutions and support;
Governmental and regulatory bodies, including law enforcement authorities. There are a number of legal obligations emanating from the relevant laws to which we are subject as well as statutory requirements (e.g., the anti-money laundering laws, financial services laws, corporation laws, privacy laws and tax laws). There are also various supervisory authorities whose laws and regulations apply to us (e.g. the Vanuatu Financial Services Commission). Such obligations and requirements impose on us necessary personal data processing activities for credit checks, identity verification, payment processing, compliance with court orders, tax law or other reporting obligations and anti-money laundering controls. These obligations apply at various times, including client on boarding/acceptance, payments and systemic checks for risk management. We may also use your personal information to comply with any applicable laws and regulations, court orders or other judicial process, or the requirements of any applicable regulatory authority. We do this not only to comply with our legal obligations but because it may also be in our legitimate interest to do so.
Fraud prevention agencies, third party authentication service providers and other financial institutions for the purposes of fraud prevention and anti-money laundering controls;
The Company does not collect, store or process any personal credit or debit card information. All payment transactions are processed through payment services providers.
Client Consent
The Company stores and uses Personal Data based on Client consent (other than for the reasons described or implied in this policy when Client consent is not required). You may revoke consent at any time; however, any processing of personal data prior to the receipt of your revocation will not be affected.
Corporate Restructuring
If the Company is involved in a merger, acquisition, financing due diligence, reorganisation, bankruptcy, receivership, sale of company assets or transition of service to another provider we may need to use your personal information in association with that re-structuring or acquisition. Such use may involve sharing your information as part of a due diligence enquiries or disclosures pursuant to legal agreements.
Marketing Communications
We may process your personal information to send you marketing communications by email or phone or other agreed forms (including social media campaigns) to ensure that you are always kept up to date with our latest products and services. Should we send you marketing communications, we will either do so based on your consent or if it is in our legitimate interest. Specifically, the Company will only use personal information obtained for the provision of financial services, for the secondary purpose of direct marketing where:
the Company collected the personal information from the individual; and
the individual provided his/her consent for the use or disclosure of the information for the purpose of direct marketing; and
the Company provides a simple means through which an individual can request to not receive marketing communications (i.e., withdraw his/her consent; and
the individual has not requested such communications cease.
Often the law requires the Company to advise Clients of certain changes to products/services or regulations. You will continue to receive this information from us even if you choose not to receive direct marketing information from us. We will not disclose your information to any outside parties for the purpose of allowing them to directly market to you.
Legal Notifications
Often the law requires us to advise you of certain changes to products or services or laws. We may need to inform you of changes to the terms or the features of our products or services. We need to process your personal information to send you these legal notifications. You will continue to receive this information from us even if you choose not to receive direct marketing information from us.
International transfers of Personal Data
Some of our parent and sister entities that provided the Company with services, as well as our external third parties are based outside of your home country, so processing of your personal data may involve a transfer of data outside your home country.
Whenever we transfer your personal data, we ensure a similar degree of protection is afforded to it by implementing at least one of the following safeguards:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data;
In the absence of an adequate level of protection, we will transfer your personal data provided one of the legal safeguards is in place and if they provide adequate level of protection to personal data, so we have put in place appropriate data transfer mechanisms to ensure personal data is protected.
In view of the above, your personal information may be processed by staff operating inside or outside Australia or the European Economic Area who work for us, or another Group entity, or for one of our service providers. Such staff may be, among others, engaged in the fulfilment of your requests, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing and processing. The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.
If you instruct us to cease using or processing your personal data, the Company has the right to terminate any existing services to you immediately (or within a reasonable time, as determined by us).
Storage and Client Records retention periods
Under the applicable laws and regulations, the Company is required to keep records containing Personal Data, trading information, account opening documents, recorded and/or written communications and any other item or document which relates to the Client after the execution of each transaction for seven (7) years after the termination of the business relationship
We may also need to keep it for longer for legitimate business purposes (such as transactional information for our accounting purposes) and for other legal and regulatory reasons. Subject to this, we will destroy, erase, or anonymise your Personal Information when it is no longer needed.
Confidentiality and Security of Personal Data
The Company respects the privacy of any users who accesses its website(s), and it is therefore committed to taking all reasonable steps to safeguard any existing or prospective clients, applicants and website visitors. The Company keeps any clients’/potential clients’ Personal Data in accordance with the applicable data protection laws and regulations.
12.2 We have the necessary and appropriate technical and organisational measures and procedures in place to ensure that your information always remains secure. We regularly train and raise awareness to all of our employees on the importance of maintaining, safeguarding and respecting your Personal Data and privacy. We regard breaches of Client privacy very seriously and will impose appropriate disciplinary measures where necessary.
The Personal Data you provide us when registering yourself as a user of the Company’s site(s) and/or of its services is classified as registered information, which is protected in several different ways. You can access your registered information after logging in to the Clients Area by entering a username and a password that you select. It is your responsibility to make sure that your password is only known to you and not disclosed to anyone else. Registered information is securely stored in a safe location and only authorised personnel have access to it via a username and a password. All personal information is transferred to the Company over a secure 128-bit SSL connection and thus all necessary measures are taken to prevent unauthorised parties from viewing any such information. Personal Data provided to the Company that does not classify as registered information is also kept in a safe place and accessible by authorised personnel only via a username and a password.
Transmission of information via the internet is not always completely secure but the Company endeavours to protect your Personal data by taking reasonable precautions. Once we have received your information, we will apply procedures and security features to try to prevent unauthorised access.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of any breach where we are legally required to do so.
Links to Third-party websites
The Company’s website may have links to external, third-party websites that may benefit the user. Please note, however, that third-party websites are not covered by the Company’s Privacy Policy and that these sites are not subject to our privacy standards and procedures.
The Company cannot be responsible for the protection and privacy of any information which you provide whilst visiting third party sites. You should exercise caution and read the privacy statement applicable to the website in question.
The Company will not be liable for the unlawful or unauthorised use of the Client’s Personal Data due to misuse, malicious use, negligence and/or misplacement of the Client’s passwords either by themselves or any third party.
Amendments to this Policy
The Company may make changes to this Privacy Policy from time to time. When such a change is made, a revised version will be posted online. Changes will be effective from the point at which they are posted. It is your responsibility to periodically review this Privacy Policy so that you are aware of any changes. By using our services, you agree to this Privacy Policy.
Cookies
Cookies are small pieces of text stored on your computer to help us determine the type of browser and settings that you are using, where you have been on the website, when you return to the website, where you came from and to ensure that your information is secure.
The purpose of this information is to provide you with a more relevant and effective experience on the PTX Markets website, including presenting web pages according to your needs or preferences.
Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to have your computer notify you each time a cookie is sent to it, and thereby give yourself the choice whether to accept it or not. If you reject all cookies, you will be unable to access your account online. You can also delete cookies from your computer after they have been created.
When cookies are used on our websites, they are used to collect the statistical information referred to above in addition to allowing you to access your account online. When you access your account on-line, a cookie will be created which uniquely identifies your computer and your username and password. This means that you do not have to re-enter those details each time you want to access your account online.
The Company may also use independent external service providers to track the traffic and usage on the website.
We recommend enabling cookie acceptance to benefit from all the services on the website.
Complaints
If you consider that any action of the Company breaches this Privacy Policy, or otherwise doesn't respect your privacy, you can make a complaint. This will be acted upon promptly. To make a complaint, please email operations@ptxmarkets.com. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
How to Contact Us
If you want to make a general enquiry about the Company’s privacy policy or change your personal information, please email operations@ptxmarkets.com. You can also obtain an application form for access to your personal information from the email address above.