This Privacy Notice relates to you when you’re on our website.
EXINITY is committed to protecting your personal information and respects its’ clients and users expectations on privacy and confidentiality. This policy statement will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you. We are committed to safeguard any information we collect, use and hold about you.
What data do you collect?
We collect different kinds of personal data about you. We’ve grouped them together as follows; identity data, contact data, professional data, tax data, financial data, transaction data, technical data, profile data, usage data, marketing and communications data.NEXT
Data processing 2
How is my data used?
- provide you with our investment services
- comply with our legal or regulatory obligations
- make our site better and make sure that what’s on our site is presented in the most effective way
- let you take part in our interactive features on our site
- keep our site safe and secure
3 Data sharing
Who do you share my data with?
- Operational software providers
- External Third Parties (for ex. service providers, professional advisers regulators and other authorities, Banks and Payment institutions, affiliated companies directly and indirectly connected with EXINITY)
- Specific third parties; Supervisory and regulatory and public authorities, IT and Trading Platform Administration providers, Translating Agencies, Marketing Providers, Professional Firms, Auditors, Card Payment providers and Cloud Storage Companies etc
- Our website host, because that’s how we show you our services
- analytics and search engine providers that assist us in the improvement of our site
My rights 4
- Request access
- Request correction
- Request erasure
- Object to processing
- Request the restriction
- Request the transfer
- Withdraw consent
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.
Exinity is responsible for the Personal Information that we may collect in the manner discussed below.
- Exinity Limited of 5th Floor, NEX Tower, Rue du Savoir, Cybercity, 72201 Ebene, Republic of Mauritius
- Exinity ME Ltd of 16-104 Al Khatem Tower, ADGM Square, Al Maryah Island, Abu Dhabi
- Exinity UK Ltd of 1 St Katharine's Way, London, E1W 1UN, United Kingdom.
- Exinity Capital East Africa Ltd of Kiganjo House, Rose Avenue, P.O. Box 50719. 0200 City Square Nairobi, Westlands District Kilimani, Kenya
and their respective affiliates and providers (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 and or exchanged between more than one Exinity Entity, as applicable.
Any enquiries about our use of your personal data should be addressed to: [email protected]
Personal data includes any and 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 legal obligations such as KYC 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 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 such as first name, maiden name, last name, proof of identity, username or similar identifier, marital status, title, date and place of birth and gender, country of residence and citizenship.
Contact Data such as billing address, delivery address, email address and 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 and 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 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 such as internet protocol (IP) address, your 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 Exinity website and Electronic services.
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 and 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 may also collect, store and use the following sensitive types of personal information:
Information about criminal convictions and offences.
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 Website 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 products or services;
make a request under the Client agreement:
create an account on our 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 service or publications;
request marketing to be sent to you;
enter a competition, promotion or survey;
give us feedback
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 Registrar of Companies, WorldCheck, Thomson Reuters, any consumer-reporting agencies; etc
We also process personal data generated by us in the course of providing you with our 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 Agreement
To provide services to you in accordance with any agreement(s) you or your organisation may have with us, for our own administrative, record-keeping and compliance procedures;
To provide you or your organisation with brokerage and other services available on our platforms, and/or to deal with any requests or inquiries you may have;
To respond to requests for information from you and to follow up afterwards to see if any further assistance is required.
To Comply With Our Legal Obligations
- To comply with any applicable laws in any country we operate in;
- For the purposes of preventing and detecting money-laundering, terrorism, fraud or other crimes and/or abuses of our services;
- To comply with any legal, regulatory or good practice requirement 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 products and services;
- 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 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:
(i) the use of "intelligent" automated monitoring tools; or
(ii) through random monitoring of systems, for example systematically via electronic communication recording tools;
(iii) specific monitoring of systems for example in relation to investigations, regulatory requests, subject access requests, litigation, arbitration or mediation or;
(iv) 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;
(v) 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. 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. Please note that we may process your personal data, where this is required or permitted by law.
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 policy.
We may instruct service providers in or outside Exinity, domestically or abroad, to process personal data for the Permitted Purposes on our behalf and in accordance with our instructions. 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. In accordance with 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, 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 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 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 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.
Please contact us 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, pseudonymization, 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’ instructions and are subject to a duty of confidentiality.
We record, monitor and process any telephone conversations and/or electronic communications between us through fax, email, social media, electronic messages, either initiated from Exinity or you. All communications are recorded and/or monitored and/or processed by Exinity, including any telephone conversations and/or electronic communications that result or may result in transactions or client order services even if those conversations or communications do not result in the conclusion of any arrangements and or transactions. The content of any in person conversations and/or communications with you may be recorded by minutes or notes. Any such records can be provided to you upon request at the same language as the one used to provide 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. In order 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 unauthorised 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 certain circumstances, you have rights under data protection laws in relation to your personal data:
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 erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
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.
Request the restriction of processing of your personal data. This enables you to ask us 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].
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.
If your complaint or concern is not resolved, you can contact the Office of the Data Protection of your home country via their website.