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Privacy Policy

United Kingdom and other locations effective 1 April 2011

OzForex Pty Ltd on behalf of UKForex is responsible for all personal information you provide to it and will deal with that information in accordance with the following Privacy Principles.

OzForex has implemented procedures to implement its Privacy Principles and to deal with complaints and enquiries. Our Compliance Manager has overall responsibility for ensuring that OzForex and its employees, agents and subsidiaries comply with our Privacy Principles. Our Compliance Manager may be contacted in relation to any enquiry or complaint at: compliance@ozforex.com.au.

OzForex will not disclose any of your personal information to a third party, or in a foreign country, unless the recipient is subject to legislation, or a contract, that safeguards your personal information in a manner that is substantially similar to our Privacy Principles.

This Privacy Policy covers the site www.clearfx.com.

The Privacy Principles should be read in conjunction with OzForex's Client Agreement.

OzForex has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information.  The TRUSTe program does not cover information that may be collected through downloadable software.   TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at customerservice@ozforex.com.au.  If you are not satisfied with our response you can contact TRUSTe here.

OzForex complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

Consent
Use of this website by you signifies that you (the Client[s]) consent to the Company collecting and using personal information that is provided to UKForex Limited (the Company).

Collection
Clients may visit the website without providing any personal data. The Company automatically collects certain information about website traffic to measure the usage of the website and improve the site.

The Company also collects personal data from you during registration for the service.

Purpose 

1.      OzForex will collect personal information including  name, email address, address, age and other information that may be required by State and Federal laws. This information is only for the purpose of providing its services to you or for any purpose that is directly incidental to the provision of those services. In the event that OzForex wishes to use your personal information for any other purpose, it will identify such purpose and obtain your consent before doing so, unless the new purpose is required by law. We do not sell your personal information to third parties.

  1. OzForex is always willing to explain to you the purposes for which you information is being collected.

Consent 

  1. OzForex will seek your consent to the use of your personal information either expressly or impliedly, depending on the circumstances and the type of information collected. For example, OzForex will rely on your implied consent when you give us your name, address, telephone number and other details necessary for us to verify your identity in accordance with the provisions of the Client Agreement. We will seek your express consent if the information is of a financial nature or concerns your personal credit.
  2. Your consent may also be given by an authorized representative or a person having Power of Attorney.
  3. You may withdraw your consent at any time, subject to any legal restrictions and subject to any contractual restrictions you have already entered into with us, and provided that you give us reasonable notice in writing. We will explain to you the implications of such withdrawal.
  4. If you are registered with OzForex, we may from time to time send you information that is relevant to the provision of our services. If, at any time, you do not wish to receive that information, you may by sending us an email opt-out at customerservice@clearfx.com  and request that you are not included in any future mail-outs.
  5. There may be circumstances in which OzForex is obliged to collect, use, or disclose certain personal information without your consent. Such circumstances include:
    1. a serious and imminent threat to someone's life, health or safety;
    2. a serious threat to public health or public safety;
    3. unlawful activity has been, is being or may be engaged in;
    4. disclosure is required or authorized by law;
    5. OzForex reasonably believes that the use or disclosure is necessary for the prevention, detection, investigation, prosecution or punishment of:
      1. criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
      2. the enforcement of laws relating to the confiscation of the proceeds of crime;
      3. the protection of the public revenue;
      4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
      5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
    6. If OzForex is obliged to use or disclose your personal information under paragraph 5, it will create a written report of the use or disclosure.

 

Limiting Collection and Retention of Information 

1. OzForex collects your personal information in order to provide our products and services to you and satisfy our regulatory obligations under relevant anti-money laundering laws, for example, in Australia the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), rules and other subordinate instructments (AML/CTF Laws).

2. In order for us to satisfy our regulatory obligations under relevant AML/CFT Laws, for example the obligation that OzForex takes reasonable steps to verify the identity of its clients, OzForex may disclose your personal information to our external credit providers.

3. In some circumstances, OzForex may also disclose your personal information to intermediary banks in order to process certain transactions on your behalf, for example, by disclosing your name and address.

4. The amount and type of information collected by OzForex will be limited to that which is necessary to provide our services.   

5.  OzForex will make reasonable efforts to inform you if we have collected personal information about you from someone else.

6. Personal information shall be retained only for as long as may be necessary for the fulfilment of the purpose for which the information is collected. However, you should be aware that OzForex is obliged under relevant anti-money laundering and counter-terrorism legislation to retain information relating to personal identity for 7 years.  

7. Subject to any legislative requirements, OzForex will destroy, erase, or make anonymous your personal information when it is no longer required to fulfil the purpose for which it has been collected.  

8. If you refuse or fail to provide any requested information, OzForex may not be able to process any transaction/s for you.

Newsletters

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you.  Out of respect for your privacy, we provide you a way to unsubscribe.  To unsubscribe, click the automatic unsubscribe button at the bottom of the email, or email customerservice@clearfx.com with the word unsubscribe in the subject line.

Disclosure
The Company will not disclose your information except in accordance with this policy unless we believe such action is necessary to conform with legal requirements such as to comply with a subpoena, enforce the contract between us or to protect our rights.

Security
The Company has strict security and confidentiality procedures covering the storage and disclosure of information to maintain its confidentiality.

1.      OzForex has in place a range of security safeguards to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, regardless of the format in which it is held.

  1. The methods of protection may depend on the sensitivity of the information and the format in which it is contained. Security measures employed by OzForex include:
    1. technological measures including SSL 128 bit encryption for all data transfers over the Internet;
    2. physical measures such as locked filing cabinets and restricted access to offices; and
    3. strategic measures such as security clearances and limiting access to a "need-to-know" basis.
  2. OzForex ensures that its staff is aware of the importance of maintaining the confidentiality of personal information.

Cookies
The Company uses cookies for collecting user information from the website.

A cookie is a small piece of information stored by your browser on your computer hard drive. Cookies are used to customize the website experience for you and to allow web pages to be personalized. Most browsers will automatically accept cookies. If you disable cookies from your browser you will not be able to use all features of this website.

Third Party Cookies

The use of cookies by our partners, affiliates, tracking utility company and service providers/is not covered by our privacy statement.  We do/do not have access or control over these cookies.  Our partners, affiliates, tracking utility company and service providers use session ID cookies to make it easier for you to navigate our site, in order for you to use the shopping cart and dealing platform. 

Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Phone Recording
To ensure we carry out your transactions accurately, and to improve our service provision our telephone lines may be digitally recorded and the Company may monitor those calls for training or issue resolution.

Links
This privacy policy applies to this website only and customers should refer to the privacy policy on any linked sites. The Company is not responsible for the privacy practices of linked websites.

Accessing information

  1. OzForex will upon request and within 10 days of any such request allow you access to your personal information. The requested information shall be provided or made available in a form that is generally understandable.
  2. In circumstances where you point out to OzForex that any information held by us is inaccurate or incomplete, we will take appropriate action to amend or delete the information as required and, if necessary, notify any third party of the correction.
  3. There may be circumstances which preclude OzForex from providing access to some or all of your personal information. Those circumstances could be:
    1. the information may contain references to other individuals;
    2. legal, investigative, security, or commercial proprietary reasons; or
    3. the information is subject to solicitor-client or litigation privilege.
  4. OzForex may be prohibited by law from providing you with access to your personal information. For example, when the disclosure could:
    1. threaten the safety or physical or mental health of an individual other than you;
    2. reasonably be expected to cause immediate or grave harm to your safety;
    3. reveal personal information about another individual; or
    4. contravene another law that prohibits the disclosure.


You are entitled to request the information the Company holds about you and have it corrected if it is inaccurate. Access will require a signed written request and payment of a fee. If you wish to access the information the company holds about you please contact us on privacy@ukforex.co.uk

Export Data
If the Company needs to transfer your data outside the European Union to countries whose data protection laws are not as extensive, we will keep control of the information or require anyone we pass it to, to treat it to European Standards.

Data Retention: We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at [email address].  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Contact
If you have any questions about this Policy or the Company's information practices please email privacy@ukforex.co.uk

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 

We reserve the right to modify this privacy statement at any time, so please review it frequently.  If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

You can contact us at the following locations:

Australia
Address: Level 9, 10 Bridge Street
Sydney NSW 2000
Telephone (Local): 1300 259 639
Telephone (International): +61 2 8667 8084
Facsimile: +61 2 8667 8080

Canada
Address: Level 10, 20 Toronto St
Toronto, ON, M5C 2B8
Telephone (Local): 1 866 455 1002
Telephone (International): +1 416 644 5640
Facsimile: +1 416 644 5648

United Kingdom
Address: Level 2, 48-54 Moorgate
London EC2R 6EL
Telephone (Local): 0845 607 1950
Telephone (International): +44 20 7614 4184
Facsimile: +44 20 7614 4180

If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@clearfx.com  If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe over the Internet here, via fax at 415-520-3420, or mail at Watchdog Complaints, TRUSTe, 55 2nd Street, 2nd Floor, San Francisco, CA, USA 94105.

If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, see here or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English.

Australia and New Zealand

Responsibility

  1. OzForex is responsible for all personal information you provide to it and will deal with that information in accordance with the following Privacy Principles.
  2. OzForex has implemented procedures to implement its Privacy Principles and to deal with complaints and enquiries. Our Compliance Manager has overall responsibility for ensuring that OzForex and its employees, agents and subsidiaries comply with our Privacy Principles. Our Compliance Manager may be contacted in relation to any enquiry or complaint at: compliance@ozforex.com.au.
  3. OzForex will not disclose any of your personal information to a third party, or in a foreign country, unless the recipient is subject to legislation, or a contract, that safeguards your personal information in a manner that is substantially similar to our Privacy Principles.
  4. The Privacy Principles should be read in conjunction with OzForex's Client Agreement.

Privacy Principles


Purpose

  1. OzForex will collect personal information only for the purpose of providing its services to you or for any purpose that is directly incidental to the provision of those services. In the event that OzForex wishes to use your personal information for any other purpose, it will identify such purpose and obtain your consent before doing so, unless the new purpose is required by law.
  2. OzForex is always willing to explain to you the purposes for which you information is being collected.

Consent

  1. OzForex will seek your consent to the use of your personal information either expressly or impliedly, depending on the circumstances and the type of information collected. For example, OzForex will rely on your implied consent when you give us your name, address, telephone number and other details necessary for us to verify your identity in accordance with the provisions of the Client Agreement. We will seek your express consent if the information is of a financial nature or concerns your personal credit.
  2. Your consent may also be given by an authorised representative or a person having Power of Attorney.
  3. You may withdraw your consent at any time, subject to any legal restrictions and subject to any contractual restrictions you have already entered into with us, and provided that you give us reasonable notice in writing. We will explain to you the implications of such withdrawal.
  4. If you are registered with OzForex, we may from time to time send you information that is relevant to the provision of our services. If, at any time, you do not wish to receive that information, you may by sending us an email opt-out and request that you are not included in any future mail-outs.
  5. There may be circumstances in which OzForex is obliged to collect, use, or disclose certain personal information without your consent. Such circumstances include:
    1. a serious and imminent threat to someone's life, health or safety;
    2. a serious threat to public health or public safety;
    3. unlawful activity has been, is being or may be engaged in;
    4. disclosure is required or authorised by law;
    5. OzForex reasonably believes that the use or disclosure is necessary for the prevention, detection, investigation, prosecution or punishment of:
      1. criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
      2. the enforcement of laws relating to the confiscation of the proceeds of crime;
      3. the protection of the public revenue;
      4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
      5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
    6. If OzForex is obliged to use or disclose your personal information under paragraph 5, it will create a written report of the use or disclosure.

Limiting Collection and Retention of Information

  1. OzForex collects your personal information in order to provide our products and services to you and satisfy our regulatory obligations under relevant anti-money laundering laws, for example, in Australia the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), rules and other subordinate instructments (AML/CTF Laws).
  2. In order for us to satisfy our regulatory obligations under relevant AML/CFT Laws, for example the obligation that OzForex takes reasonable steps to verify the identity of its clients, OzForex may disclose your personal information to our external credit providers.
  3. In some circumstances, OzForex may also disclose your personal information to intermediary banks in order to process certain transactions on your behalf, for example, by disclosing your name and address.
  4. The amount and type of information collected by OzForex will be limited to that which is necessary to provide our services.
  5. OzForex will make reasonable efforts to inform you if we have collected personal information about you from someone else.
  6. Personal information shall be retained only for as long as may be necessary for the fulfilment of the purpose for which the information is collected. However, you should be aware that OzForex is obliged under relevant anti-money laundering and counter-terrorism legislation to retain information relating to personal identity for 7 years.
  7. Subject to any legislative requirements, OzForex will destroy, erase, or make anonymous your personal information when it is no longer required to fulfil the purpose for which it has been collected.
  8. If you refuse or fail to provide any requested information, OzForex may not be able to process any transaction/s for you.

Accuracy

  1. OzForex will make reasonable efforts to ensure that your personal information is sufficiently accurate, complete, and up-to-date to minimise the possibility that inappropriate information may be used to make a decision about you.
  2. OzForex will not routinely update your personal information, unless such a process is necessary to fulfil the purposes for which the information was collected. In accordance with the Client Agreement, you must notify us as soon as possible if any of the information you have provided to us has changed.

Safeguards

  1. OzForex has in place a range of security safeguards to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, regardless of the format in which it is held.
  2. The methods of protection may depend on the sensitivity of the information and the format in which it is contained. Security measures employed by OzForex include:
    1. technological measures including SSL 128 bit encryption for all data transfers over the Internet;
    2. physical measures such as locked filing cabinets and restricted access to offices; and
    3. strategic measures such as security clearances and limiting access to a "need-to-know" basis.
  3. OzForex ensures that its staff are aware of the importance of maintaining the confidentiality of personal information.

Access

  1. OzForex will upon request and within 10 days of any such request allow you access to your personal information. The requested information shall be provided or made available in a form that is generally understandable.
  2. In circumstances where you point out to OzForex that any information held by us is inaccurate or incomplete, we will take appropriate action to amend the information as required and, if necessary, notify any third party of the correction.
  3. There may be circumstances which preclude OzForex from providing access to some or all of your personal information. Those circumstances could be:
    1. the information may contain references to other individuals;
    2. legal, investigative, security, or commercial proprietary reasons; or
    3. the information is subject to solicitor-client or litigation privilege.
  4. OzForex may be prohibited by law from providing you with access to your personal information. For example, when the disclosure could:
    1. threaten the safety or physical or mental health of an individual other than you;
    2. reasonably be expected to cause immediate or grave harm to your safety;
    3. reveal personal information about another individual; or
    4. contravene another law that prohibits the disclosure.

Complaints

  1. OzForex has procedures in place, to receive and respond to, complaints or inquiries about our policies and practices relating to the handling of personal information. For more information, see our Complaints Policy.
  2. OzForex takes all complaints seriously and will investigate all complaints.

Canada

Responsibility

  1. CanadianForex is responsible for all personal information you provide to it and will deal with that information in accordance with the following Privacy Principles.
  2. CanadianForex has implemented procedures to implement its Privacy Principles and to deal with complaints and enquiries. Our Compliance Officer has overall responsibility for ensuring that CanadianForex and its employees, agents and subsidiaries comply with our Privacy Principles. Our Compliance Officer may be contacted in relation to any enquiry or complaint at: privacy@canadianforex.ca.
  3. CanadianForex will not disclose any of your personal information to a third party, or a foreign country, unless the recipient is subject to legislation, or a contract, that safeguards your personal information in a manner that is substantially similar to our Privacy Principles.
  4. The Privacy Principles should be read in conjunction with CanadianForex's Client Agreement.

Privacy Principles

Purpose

  1. CanadianForex will collect personal information only for the purpose of providing its services to you or for any purpose that is directly incidental to the provision of those services. In the event that CanadianForex wishes to use your personal information for any other purpose, it will identify such purpose and obtain your consent before doing so, unless the new purpose is required by law.
  2. CanadianForex is always willing to explain to you the purposes for which your information is being collected.

Consent

  1. CanadianForex will seek your consent to the use of your personal information either expressly or impliedly, depending on the circumstances and the type of information collected. For example, CanadianForex will rely on your implied consent when you give us your name, address, telephone number and other details necessary for us to verify your identity in accordance with the provisions of the Client Agreement. We will seek your express consent if the information is of a financial nature or concerns your personal credit.
  2. Your consent may also be given by an authorised representative or a person having Power of Attorney.
  3. You may withdraw your consent at any time, subject to any legal restrictions and subject to any contractual restrictions you have already entered into with us, and provided that you give us reasonable notice in writing. We will explain to you the implications of such withdrawal.
  4. If you are registered with CanadianForex, we may from time to time send you information that is relevant to the provision of our services. If, at any time, you do not wish to receive that information, you may by sending us an email opt-out and request that you are not included in any future mail-outs.
  5. There may be circumstances in which CanadianForex is obliged to collect, use, or disclose certain personal information without your consent. Such circumstances include:
    1. a serious and imminent threat to someone's life, health or safety;
    2. a serious threat to public health or public safety;
    3. unlawful activity has been, is being or may be engaged in;
    4. disclosure is required or authorised by law;
    5. CanadianForex reasonably believes that the use or disclosure is necessary for the prevention, detection, investigation, prosecution or punishment of:
      1. criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
      2. the enforcement of laws relating to the confiscation of the proceeds of crime;
      3. the protection of the public revenue;
      4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
      5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
    6. If CanadianForex is obliged to use or disclose your personal information under paragraph 5, it will create a written report of the use or disclosure.

Limiting Collection and Retention of Information

  1. The amount and type of information collected by CanadianForex will be limited to that which is necessary to provide our services.
  2. CanadianForex will make reasonable efforts to inform you if we have collected personal information about you from someone else.
  3. Personal information shall be retained only for as long as may be necessary for the fulfilment of the purpose for which the information is collected. However, you should be aware that CanadianForex is obliged under relevant anti-money laundering and counter-terrorism legislation to retain information relating to personal identity for 7 years.
  4. Subject to any legislative requirements, CanadianForex will destroy, erase, or make anonymous your personal information when it is no longer required to fulfil the purpose for which it has been collected.

Accuracy

  1. CanadianForex will make reasonable efforts to ensure that your personal information is sufficiently accurate, complete, and up-to-date to minimise the possibility that inappropriate information may be used to make a decision about you.
  2. CanadianForex will not routinely update your personal information, unless such a process is necessary to fulfil the purposes for which the information was collected. In accordance with the Client Agreement, you must notify us as soon as possible if any of the information you have provided to us has changed.

Safeguards

  1. CanadianForex has in place a range of security safeguards to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, regardless of the format in which it is held.
  2. The methods of protection may depend on the sensitivity of the information and the format in which it is contained. Security measures employed by CanadianForex include:
    1. technological measures including SSL 128 bit encryption for all data transfers over the Internet;
    2. physical measures such as locked filing cabinets and restricted access to offices; and
    3. strategic measures such as security clearances and limiting access to a "need-to-know" basis.
  3. CanadianForex ensures that its staff are aware of the importance of maintaining the confidentiality of personal information.

Access

  1. CanadianForex will upon request and within 10 days of any such request allow you access to your personal information. The requested information shall be provided or made available in a form that is generally understandable.
  2. In circumstances where you point out to CanadianForex that any information held by us is inaccurate or incomplete, we will take appropriate action to amend the information as required and, if necessary, notify any third party of the correction.
  3. There may be circumstances which preclude CanadianForex from providing access to some or all of your personal information. Those circumstances could be:
    1. the provision of access would be too costly;
    2. the information may contain references to other individuals;
    3. legal, investigative, security, or commercial proprietary reasons; or
    4. the information is subject to solicitor-client or litigation privilege.
  4. CanadianForex may be prohibited by law from providing you with access to your personal information. For example, when the disclosure could:
    1. threaten the safety or physical or mental health of an individual other than you;
    2. reasonably be expected to cause immediate or grave harm to your safety;
    3. reveal personal information about another individual; or
    4. contravene another law that prohibits the disclosure.

Complaints

  1. CanadianForex has procedures in place, to receive and respond to, complaints or inquiries about our policies and practices relating to the handling of personal information. For more information, see our Complaints Policy.
  2. CanadianForex takes all complaints seriously and will investigate all complaints.

Hong Kong

Introduction

The ClearFX service is provided by OzForex (HK) Limited ("OzForex (HK)"). OzForex (HK) treats your privacy rights very seriously and will deal with any Personal Information (the term “Personal information” refers to information that could identify, or is related to the identity of, an individual) you provide to us strictly in accordance with the following privacy principles. This Privacy Policy should be read in conjunction with the client agreement ("Client Agreement") that you enter into with OzForex (HK).

Privacy Principles

Purpose

1.     These Privacy Principles describe how we collect, use and disclose your Personal Information.

2.      We will collect your Personal Information only for the purpose of providing our services to you and any purpose that is directly incidental to the provision of those services. In the event that we wish to use your Personal Information for any other purpose, we will identify such purpose and obtain your consent before doing so, unless the new purpose is required by law.

3.      We are always willing to explain to you the purposes for which you information is being collected.

Consent

4.        We will seek your consent to the use of your Personal Information either expressly or impliedly, depending on the circumstances and the type of information collected. For example, we will rely on your implied consent when you give us your name, address, telephone number and other details necessary for us to verify your identity in accordance with the provisions of the Client Agreement.

5.        Your consent may also be given by an authorised representative or a person having Power of Attorney.

6.     You may withdraw your consent at any time, subject to any legal restrictions and subject to any contractual restrictions you have already entered into with us, and provided that you give us reasonable notice in writing. We will explain to you the implications of such withdrawal.

7.       We may from time to time send you information that is relevant to the provision of our services. If, at any time, you do not wish to receive that information, you may by sending us an email opt-out and request that you are not included in any future mail-outs.

8.      There may be circumstances in which we are obliged to collect, use, or disclose certain Personal Information without your consent. Such circumstances could include the following:

(i)        a serious and imminent threat to someone's life, health or safety;

(ii)       a serious threat to public health or public safety;

(iii)      unlawful activity has been, is being or may be engaged in;

(iv)      disclosure is required or authorised by law;

(v)   the use or disclosure is necessary for the prevention, detection, investigation,     prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law including the enforcement of laws relating to the confiscation of the proceeds of crime; or

(vi)   the use or disclosure is necessary for the protection of the public revenue, the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct or the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Limiting Collection and Retention of Information

9.        The amount and type of information collected by us will be limited to that which is necessary to provide our services and the information shall be retained only for as long as may be necessary for the fulfilment of the purpose for which the information is collected.

10.       You acknowledge that we are obliged under the relevant anti-money laundering and counter-terrorism legislation to retain information relating to personal identity for 7 years.

11.        Subject to any legislative requirements, we will destroy, erase, or make anonymous your personal information when it is no longer required to fulfil the purpose for which it has been collected.

Accuracy

12.     We will make reasonable efforts to ensure that your Personal Information is sufficiently accurate, complete and up-to-date to minimise the possibility that inappropriate information may be used to make a decision about you.

13.   We will not routinely update your Personal Information unless such a process is necessary to fulfil the purposes for which the information was collected. In accordance with the Client Agreement, you must notify us as soon as possible if any of the information you have provided to us has changed.


Internet technology


14.     When registering or creating an account at our website, we collect your password and login name and other information we may request in order to identify you, maintain security of our website and verify and control access to your account or online profile. If you make inquiries through the e-mail links, forms or other contact methods provided on our websites, these inquiries are forwarded to the relevant office or department and are used to respond to your inquiry and maintain a record of correspondence.


15.    We use Internet technologies like cookies and web beacons to facilitate the services we provide on our websites and your use of our websites, including for the following reasons.


(i)       To assist us in providing services to you.
 
(ii)     To allow you to change web pages during your visit without having to re-enter your password.

(iii)      To store your preferences and other information and to track activity on our website.

(iv)      To better understand the effectiveness of our promotional campaigns.

(v)       To determine whether you came to our site from a banner ad or an affiliate website.

(vi)      To deliver Information specific to your interests on additional web sites.

(vii)     To determine whether you've acted on our promotional messages

NOTE: A "cookie" is a text file placed on your computer's hard drive by a web server, which allows for personalisation of certain aspects of your visit to that website. "Web beacons" are transparent electronic images placed in the web code that collect non-personal data while visiting a website. Cookies and web beacons can usually be disabled by changing your browser preferences. Your browser usually has documentation on how to disable cookies and web beacons. Note that disabling cookies may limit the performance of OzForex (HK)’s websites. If cookies are disabled, certain features of our websites may not function properly, and you may not be able to register or use your online account.

Disclosure to Third Parties

16.    We may disclose your Personal Information to any member of the OzForex Group.

17.     We may disclose your personal information to third parties for the following purposes:

(i)       in the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business assets;

(ii)      if OzForex (HK), or substantially all of its assets, are acquired by a third party, in which case Personal Information held by us about our customers will be one of the transferred assets; and

(iii)      in accordance with obligations imposed on us by our third party service providers so that they may process your transactions.

18.    We may disclose or share your personal information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

19.      The Personal Information that we collect from you may be transferred to, and stored at, a destination outside Hong Kong. It may also be processed by staff operating outside Hong Kong who work for us or for one of our service providers. Such staff may be engaged in, among other things, the processing of your transaction, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take all reasonable steps to ensure that such Personal Information is treated securely and in accordance with this Privacy Policy.


Children’s Privacy.


20.      Our website is not directed at children under the age of 18. We will not knowingly collect or maintain Personal Information on our website from those we actually know are under the age of 18.


External Websites.


21.      Our website may be linked to or from third party websites. These links are provided as a convenience only. We are not responsible for the content or privacy principles of websites that are linked to or from our website. You are advised to review the privacy policies of any third party websites you visit.


Safeguards

22.       We have in place a range of security safeguards to protect your Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, regardless of the format in which it is held.

23.     The methods of protection we employ may depend on the sensitivity of the information and the format in which it is contained. Security measures include: technological measures including SSL 128 bit encryption for all data transfers over the Internet, physical measures such as locked filing cabinets and restricted access to offices and strategic measures such as security clearances and limiting access to a "need-to-know" basis.

24.   We make every effort to ensure that our staff are aware of the importance of maintaining the confidentiality of personal information, however you acknowledge that authorised employees, agents, representatives and third parties may require access to your Personal Information in order to enable us to provide our service and we cannot accept responsibility for any unauthorised activities on their part.

25.     You acknowledge that no data transmission over the internet or the telephone can be guaranteed to be perfectly secure. Any Personal Information you submit to us or access electronically or over the telephone is done at your own risk. We do not guarantee or warrant the security of information transmitted in these ways. You acknowledge that third parties could unlawfully intercept your transmissions or may wrongly instruct you to disclose Personal Information while posing as OzForex (HK) representatives.

Access

26.      We will upon request and within 10 days of any such request allow you access to your Personal Information. The requested information shall be provided or made available in a form that is generally understandable.

27.        If you point out to us that any information held by us is inaccurate or incomplete, we will take appropriate action to amend the information as required and, if necessary, notify any third party of the correction.

28.       You acknowledge that there may be circumstances in which we may refuse access to some or all of your Personal Information, including where the provision of access would be too costly, the information may contain references to other individuals or for legal, investigative, security or commercial proprietary reasons.

Complaints

29.      We have procedures in place to receive and respond to complaints or inquiries about our policies and practices relating to the handling of Personal Information. For more information, see our Complaints Policy.

30.      We take all complaints seriously and will investigate all complaints.

Contact

31.     If you have any queries about this Privacy Policy or any complaints about our privacy practices, please contact our Compliance Officer at compliance@clearfx.com.








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