Privacy policy

In this Privacy Policy we describe how Exinity Group (“Exinity”, “we”, “us”) collects and processes the personal data of its existing and prospective clients. Exinity is comprised of different legal entities, details of which can be found in Section 2 below . Each company of Exinity controls the personal data of its own clients and is responsible for ensuring that such is used fairly and lawfully. This Privacy Policy is issued for and on behalf of Exinity and each company thereof.

This Privacy Policy is addressed to persons who provide their personal data to Exinity and/or visit and/or use Exinity websites, trading platforms, mobile applications (incl. the Exinity World App), social media and/or any other electronic services (“Electronic Services”).

At Exinity, we acknowledge that confidentiality and security of your personal data is of utmost importance to you hence we have developed specific policies and practices designed to protect your personal data. Protection of your personal data requires, among others, the establishment by Exinity of appropriate technical and organisational measures as a means to ensure a high level of data protection.

Additionally, Exinity will monitor, audit and document internal compliance with data protection policies and applicable statutory data protection requirements, including local data protection legislation. We are constantly working towards enhancing data protection practices within Exinity such as assignment of responsibilities, raising awareness and training the staff involved in data processing operations.

This Privacy Policy is based on the privacy and data protection principles applicable to the countries in which we operate. This Privacy Policy will be reviewed and/or amended from time to time to include any new obligations or arrangements in the way we process your personal data as a means to ensure compliance with any applicable laws and regulations. You will be notified of any important amendments to this Privacy Policy through the usual communication channel.

We encourage you to carefully read this Privacy Policy together with any other privacy statement or fair processing notice we may provide you with on specific occasions in the process of collecting or processing your personal data. It is important that you read this Privacy Policy so that you are fully aware of all logistics re your personal data. This Privacy Policy supplements any and all other notices that we may provide you with from time to time and is not intended to override.

Exinity is responsible for the Personal Information that we may collect in the manner discussed below.

Exinity includes:

• Exinity Limited (5th Floor, NEX Tower, Rue du Savoir, Cybercity, 72201 Ebene, Republic of Mauritius);
• Exinity ME Ltd (16-104 Al Khatem Tower, ADGM Square, Al Maryah Island, Abu Dhabi);
• Exinity UK Ltd (1 St Katharine's Way, London, England, E1W 1UN);
• Exinity Capital East Africa Ltd (Kiganjo House, Rose Avenue, P.O. Box 50719. 0200 City Square Nairobi, Westlands District Kilimani, Kenya);

and their respective affiliates and providers that have access to personal data of clients (the "Exinity Entities").

Your personal data will be controlled by the relevant Exinity Entity that provides services to or is in electronic communication with you. In some instances, your personal data will be controlled by or exchanged between Exinity Entities or other data processors outside Exinity to which Exinity Entities disclose personal data provided that such data processors implement appropriate technical and organizational measures to ensure safety of the personal data.

Any enquiries about our use of your personal data should be addressed to: [email protected]

Personal data includes all information which an individual can be identified with and does not include any data where identity has been removed (namely, anonymous data).

Upon registration with Exinity, it is necessary that we collect your personal data in order to comply with regulatory obligations such as KYC ("Know Your Customer") and other regulatory requirements. By understanding your background and needs, we can treat you fairly, provide you with the services that best match your requirements, offer you appropriate and relevant information, analyze your behavior and process your requests in a fair and efficient manner.

We will collect, use, store and transfer different kinds of your personal data which we have grouped together follows:

• Identity Data: first name, last name, maiden name, proof of identity and personal identification code or number, username or similar identifier, marital status, title, date and place of birth and gender, legal capacity, country of residence, nationality, citizenship and location (street, city, country, postcode). This also includes identity document data such as document type, issuing country, numbuer, expiry date, MRZ (Machine Readable Zone) codes, information embedded into document barcodes (may vary depending on the document) and security features.

• Facial Image Data: photos of the face (including selfie images) and photo or scan of the face on the identification document, videos, sound recordings confirming the liveliness of your face and that a given identity document is presented by you being its legitimate owner.

• Biometrical Data facial features

• Contact Data: residency address, email address and phone number(s), proof of address.

• Professional Data: level of education, profession, employer name, work experience, financial awareness, trading experience.

• Banking Details Data: level of education, profession, employer name, work experience, financial awareness, trading experience.

• Tax Data: country of tax residence and tax identification number.

• Financial Data: annual income, net worth, source of funds, anticipated account turnover, bank account, bank statements, payment card details and copies, E-wallet information.

• Transaction Data such as details about payments to and from you and other details of products and services you have purchased from us, deposit methods, purpose of transactions with us.

• Technical Data: information regarding the date, time and activity in the Electronic Services, internet protocol (IP) address and domain name, your login data, software and hardware attributes (camera name and type), time zone settings, general geographical location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Exinity website and Electronic services.

• Relevant Publicly Available Data: information regarding a person being a Politically Exposed Person (PEP) or being included in sanctions lists.

• Profile Data: your username and password, purchases or orders made by you, your interests, preferences, feedback, survey responses, requests and reports.

• Usage Data: information about how you use the Exinity website, products and services.

• Statistical or Demographic Data: non-personal data that may be derived from your personal data but is not considered personal data for the purposes of law since it 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 the Electronic Services. However, if we combine aggregated non-personal 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.

• 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 may also collect, store and use information about your criminal convictions and offences, which is sensitive personal data.

Personal data may be processed by means of automated text extraction, verification of authenticity/validity and other methods of automated processing of photos and scanned copies of documents. Data processing covers the following activities: collection, recording, organisation, structuring, storage, adaptation of alteration, retrieval, consultation, use, disclosure by transmission to Exinity Entities and/or other data processors, dissemination or otherwise making available for the performance of a task carried out in the public interest or in the exercise of official authority, transfer (including cross-border transfer, where necessary), alignment or combination, restriction, erasure and destruction. The personal data may be checked in multiple databases, including International Politically Exposed Persons (PEPs), sanctions, country specific sanctions lists, criminal lists, financial lists and media information sources.

We use different methods for collecting your personal data such as:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in the required registration forms in our Exinity Website, Electronic Services or by corresponding with us by phone, email or otherwise. This includes, but is not limited to, personal data you provide us when you:

• apply for our Electronic Services;

• make a request under the Operational Agreements;

• create an account on an Exinity website, through Electronic services or use of any of Exinity’s applications;

• provide as a result of transactions you conduct through Exinity systems or in connection with services offered by Exinity;

• subscribe to our publications;

• request marketing materials to be sent to you;

• enter a competition, promotion or survey;

• give us feedback

• Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies (for further information on our use of cookies, please see our Please see our Cookie policy), server logs and other similar technologies.

• 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 analytics providers such as [Google];

• contact, Financial and Transaction Data from payment services providers

• identity and Contact Data from individual and publicly available sources, such as registrars of companies, WorldCheck, Thomson Reuters, any consumer-reporting agencies; and etc.

• We also process personal data generated by us in the course of providing you with our Electronic Services such as Transaction Data.

We may use your Personal Information for the following purposes ("Permitted Purposes"), based on the following legal grounds:

To Enter Into or Perform Our Contractual Undertakings

• To provide Electronic Services to you in accordance with any agreement(s) you may have with us;

• To deal with any requests or inquiries you may have;

To Comply With Our Legal Obligations

• To comply with any applicable laws in any country we operate, and you reside in;
• For the purposes of preventing and detecting money-laundering, terrorism, fraud or other crimes and/or abuses of the Electronic Services;
• To comply with any legal, regulatory or good practice requirements, record-keeping and compliance procedures, and to fulfil our obligations under any reporting agreement entered into with any tax authority or revenue services from time to time.

To Pursue Our Legitimate Interests

• For our own administrative and operational procedures;
• For statistical purposes and for market research and product analysis and to develop and improve our Electronic Services;
• To carry out, monitor and analyse our business or operations including the activities set out in this Privacy Policy;
• To enforce or apply any agreement and/or to protect our (or others') property or rights and to defend any potential claim.

For Marketing Purposes With Your Consent

We may also process your personal data for the following purposes (after obtaining your express consent where such is legally required) in accordance with your preferences:

• To communicate with you through the channels you have approved so as to keep you up to date on latest developments, announcements and other information about Exinity services, products and technologies;
• To conduct client surveys, marketing campaigns, market analysis or promotional activities;
• To analyse your behaviour and collect information about your preferences, to create a user profile to personalise and foster the quality of our communication and interaction with you (for example, by way of newsletter tracking or website analytics);
• To conduct monitoring by us or any other person on our behalf using various methods, including:
              (a) the use of "intelligent" automated monitoring tools; or
              (b) through random monitoring of systems, for example systematically via electronic communication recording tools;
              (c) specific monitoring of systems for example in relation to investigations, regulatory requests, subject access requests, litigation, arbitration or mediation or;
              (d) data tracking, aggregation and analysis tools that pull data from various disparate data sources to draw linkages and/or detect behavioral patterns, interactions or preferences for analysis (including predictive analysis); and/or;
              (e) using other similar monitoring technology that may become available from time to time;

Where legally required, we will not use your Personal Information for taking any automated decisions affecting you or creating profiles other than described above.

We will use your personal data for the purposes for which we collect it, unless we reasonably consider that we need to use it for another reason and that such reason is compatible with the original purpose and the law (in which case your knowledge or consent for use thereof is not required). If you wish to get an explanation as to how compatibility of the reason and the original purpose is determined, please contact us at [email protected]. If we need to use your personal data for an unrelated purpose, we will notify you accordingly and explain the legal basis which allows us to do so.

We may share your Personal Information in the following circumstances:

We may share your Personal Information between the Exinity Entities on a confidential basis as allowed by applicable law or where required for the purpose of providing products or services and for administrative, billing and other business or ancillary purposes. A list of Exinity Entities and the countries in which each is located can be found in Section 2 of this Privacy Policy.

We may instruct other data processors outside Exinity to process personal data for the Permitted Purposes on our behalf and in accordance with our instructions provided that such data processors implement appropriate technical and organizational measures to ensure safety of the personal data. Exinity requires these service providers to enter into relevant agreements with Exinity as such may be required by applicable laws that govern the use of any information that they receive from us. These agreements prohibit the service provider from using information of Exinity clients other than for the purposes for which such was provided or disclosed. When required by applicable legislation, Exinity will retain control over, remain responsible for your personal data and use appropriate safeguards to ensure integrity and security of your Personal Information when engaging service providers.

We may share your personal data with companies providing services in the areas of fraud and crime prevention and with companies providing similar services, including financial institutions such as credit reference agencies and regulatory bodies;

We may share your personal data with companies providing services in the areas of IT, trading platforms administration, translation of documents, support of clients, marketing services, promoting our services and products, external and internal audit, cloud storage, payment services and banks.

We may share your personal data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets or of Exinity Entities; additionally, we may seek to acquire other businesses or merge with them.

We may disclose information about you to any depository, stock exchange, clearing or settlement system, account controller or other participant in the relevant system, to counterparties, dealers, custodians, intermediaries and others where disclosure is reasonably intended for the purpose of effecting, managing or reporting transactions in connection with the provision of our services or establishing a relationship with a view to such transactions;

Consistent with applicable law, we may share your Personal Information with courts, law enforcement authorities, regulators or attorneys or other parties for the establishment, exercise or defence of a legal or equitable claim or for the purposes of a confidential alternative dispute resolution process;

Generally, we will only disclose your Personal Information when you direct us or authorize us to do so, when we are allowed or required by applicable law or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities.

Some of Exinity Entities and other data processors are based outside of your home country so processing of your personal data may involve a cross border transfer of data for the Permitted Purposes.

Whenever we transfer your personal data, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• 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 the countries provide adequate level of protection to personal data, so we have put in place appropriate data transfer mechanisms to ensure personal data is protected.

Please contact us via [email protected] if you want further information on the specific mechanism used by us when transferring your personal data.

Exinity has put in place appropriate security measures to protect the security of its clients’ personal data and prevent any unauthorised or unlawful processing, accidental loss, destruction, alteration, disclosure or damage of clients’ personal data. Exinity implements appropriate technical and organisational measures such as network traffic encryption, anonymization, data encryption, two-factor authentication, access management procedure, tokenization, clean desk policy, business continuity and disaster recovery, IT systems risk assessment, physical and logical access segregation, process in case of personal data breach policy etc. Exinity limits access to the clients’ personal data to those employees, agents, contractors and other third parties who have a business need to know, only process clients’ personal data on Exinity’s instructions and are subject to a duty of confidentiality.

We record, monitor and process any communications between you and Exinity Entities through fax, email, social media, electronic messages, either initiated by Exinity entity or by you, even if those communications do not result in the conclusion of any arrangements or transactions. The content of any personal communications with you may be recorded by minutes or notes. Any such records can be provided to you upon request in the same language as the one used to provide Electronic Services to you.

How long will you use my personal data for?

We will retain your personal data for as long as necessary to fulfil the purpose we collected it for, including the purpose of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period for your personal data we consider, among others, any statutory or regulatory retention periods, the amount, nature and sensitivity, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process it and whether we can achieve those purposes through other means, applicable legal requirements etc.

Under applicable data protection laws, you can:

• Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

• Request removal of your personal data subject to applicable laws and regulations via the Exinity World App or getting in touch with us via [email protected]. Note, however, that we may not always be able to comply with your request to remove your personal data for specific legal reasons which will be notified to you, if applicable, at the time of your request for removal. For instance, Exinity Entities, that are regulated businesses, have an obligation to store personal data relevant to your usage of the Electronic Services for extended periods of time. Any personal data retained under these regulatory requirements will be subjected to the rules of this Privacy Policy.

• 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 grounds to process your information which override your rights and freedoms.

• Object to transfer of your personal data including the right to object to engaging any data processors outside Exinity Entities to process your personal data.

• Object to being subject to a decision based solely on automated processing/profiling.

• Request the restriction of processing of your personal data. This enables you to provide us with a justified demand 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.

• Right to withdraw consent 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.

• Right to data portabilityallows you to obtain and reuse your personal data for your own purposes across different services. It allows you to move, copy or transfer personal data easily from us to another service provider in a safe and secure way.

If you wish to exercise any of the rights set out above, please send an email to [email protected], unless stated otherwise above.

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.

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.

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.

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. If you require further information on how we deal with a Data Breach please contact us via [email protected].

If you have any questions which have not been covered in this Privacy policy, or any further concerns regarding the use of Personal Data, or any complaints any complaint as regards to this policy and about use of your information please reach out to us using the contact details available on our website or send an email to [email protected].

If your complaint or concern is not resolved, you can contact the Office of the Data Protection of your home country or the country of the registration of an Exinity Entity via their website.