Privacy Policy

Last updated: 15 October 2023

At AFA Markets, we are committed to protecting your privacy and safeguarding your personal information. This Privacy Policy outlines how we collect, use, disclose, and protect the information you provide to us through our website, applications, products, and services (collectively referred to as "Services"). By accessing or using our Services, you consent to the practices described in this Privacy Policy.

1. INTRODUCTION:

This privacy policy (Policy) relates to your personal information in connection with your use of and access to the [AFA Markets] website www.afa-markets.com and mobile application (together, the AFA Markets Platform) and any services provided by Adanced Financial Analytics Ltd (the AFA Markets Platform and services together forming the AFA Markets Services).

We are committed to protecting your information and your right to privacy. If you have any questions or concerns about our Policy, or our practices with regards to your personal information, please contact us via support@afamarkets.zendesk.com.

When you use the AFA Markets Services, you trust us with your information and we take your privacy very seriously. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Policy that you do not agree with, please discontinue your use of the AFA Markets Services.

2. CHANGES TO THIS POLICY OR YOUR PERSONAL INFORMATION:

We review this Policy regularly and it is your responsibility to check regularly and determine whether you still agree to comply with the Policy. If you do not agree to any changes to this Policy then you must immediately stop using the [AFA Markets] Services. In the event we make any significant changes to this Policy we will use our reasonable endeavours to inform you of such changes in advance in writing.It is important that the personal information we hold about you is true, complete, accurate and current. Accordingly, you must notify us of any changes to your personal information (for example, if you change your email address).

3. ABOUT US:

The [AFA Markets] Services are owned and operated by Advanced Financial Analytics Ltd (trading as “[AFA Markets]”), a company registered in England and Wales with company number 14157685 and whose registered office is situated in London, United Kingdom (AFA Markets/we/us/our). AFA Markets is the controller (also known as a data controller) of, and is responsible for, your personal information. The term “you” refers to the user wishing to access and/or use the [AFA Markets] Services.The AFA Markets Platform provides risk management software for individual investors. The product allows investors to aggregate the positions across their financial and brokerage accounts and perform risk calculation and visualization of their portfolio.

4. INFORMATION WE MAY COLLECT ABOUT YOU:

4.1 Personal information you disclose to us

In Short: We collect personal information that you provide to us, including information such as your first name, last name, email address and other contact information.

(a) Where and how we collect personal information

We collect personal information that you voluntarily provide to us when registering to use and actually using the AFA Markets Services, or otherwise contacting us.If you give us information on behalf of another individual, in providing that information to us you are confirming that you have sought and obtained, from that individual, permission for you to:Website Privacy Policy2

• Consent on their behalf to the processing of their personal data;
• Receive on their behalf any data protection notices; and
• If relevant, consent to the transfer of their personal data abroad,

and you shall indemnify us and hold us harmless against any claims, actions, proceedings, losses, damages, costs (including reasonable legal costs) and expenses (including taxation), in each case of any nature whatsoever, arising out of or in connection with your failure to obtain these permissions.

More particularly, the personal information that we collect depends on the context of your interactions with us, the choices you make and the products and features you use. For example:

• We gather information directly from you face to face if you come to our offices for information or to discuss an agreement and over the telephone if you ring us to make an enquiry.

• We collect personal information via our website, mobile applications and other technical systems.

• We collect personal information when you use our website or mobile applications to sign up to, participate in or receive a service from us, for example where you contact us, request information online, report an issue, provide feedback or enter a live chat.

• Our website also uses cookies and collects IP addresses (for more information on this, see our Cookie Policy).

• We may monitor and record communications with you (such as telephone conversations and emails). We may do this for a number of reasons, such as to check the quality of our customer service, for training purposes, to prevent fraud or to make sure we are complying with legal requirements.

(b) The types of personal information we may collect
‍
‍When you use the [AFA Markets] Services and/or when you otherwise deal with us, we may collect the following information about you (the Information):

• Identity Data, which includes your first name and last name.

• Contact Data, which means the data we use to contact you, including your billing address, email address and contact number.

• Financial Data, which means the payment method and card association used to process your payments for your orders. We do not store or process your card details ourselves, they are processed and stored via one of our contracted third-party service providers. We encrypt your payment card details in your browser and securely transfer this data to our relevant third-party payment provider to process a payment.

• Transaction Data, which means details about transactions you have made in connection with the AFA Markets Services, including the payments to and from you along with other details of products and services you have purchased from us.• Profile Data, which includes your username, email address and log-in data, details of any purchases or orders made by you, and your interests, preferences, feedback and survey or questionnaire responses.

• Usage Data, which includes Information about how you use the AFA Markets Services. This includes your browsing patterns and Information such as how long you might spend on one of our webpages on the AFA Markets Platform and what you look at and for, the page that referred you to the AFA Markets.

Platform and the click stream during your visit to our website, page response times, and page interaction Information (for example, clicks you make on a page).

• Marketing and Communications Data, which includes your preferences with regards to receiving marketing from us and your other communication preferences.

• Other Information relevant to services, customer surveys, questionnaires and/or offers.

4.2 Personal information from third parties

‍In Short: We may receive information about you from third parties, and we may use this information to provide, improve and personalise the AFA Markets Services.Occasionally we may receive information about you from other sources, which we will add to the information we already hold about you in order to help us provide, improve and personalise the AFA Markets Services.

4.3 Information automatically collected

‍In Short: Some Information – such as IP addresses and/or browser and device characteristics – is collected automatically when you use the AFA Markets Platform.We automatically collect certain Information when you visit, use or navigate the AFA Markets Platform. This Information does not reveal your specific identity (unless your device name is the same as your name) but may include device and usage Information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, Information about how and when you use the [AFA Markets] Platform and other technical Information. This Information is primarily needed to maintain the security and operation of the [AFA Markets] Platform, and for our internal analytics and reporting purposes.

5. HOW DO WE USE YOUR INFORMATION?:

In Short: We process your Information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.We use your Information collected via the [AFA Markets] Services for a variety of business purposes described below. We process your Information for these purposes in reliance on our legitimate business interests (Business Purposes), in order to enter into or perform a contract with you (Contractual Reasons), with your consent (Consent), and/or for compliance with our legal obligations (Legal Reasons). We indicate the specific processing grounds we rely on next to each purpose listed below.We may process your Information for the following purposes:

• To take steps towards entering into a contract with you, to provide the AFA Markets Services and to claim any right to be paid under our Terms (https://www.clarity-by-afa.com) (Contractual Reasons). This includes collecting and using your personal information to:

• Prepare an agreement with you;

• Manage any accounts you hold with us;

• Contact you for reasons related to the AFA Markets Services;

• Enable us to follow up on enquiries made by you in relation to the [AFA Markets] Services and/or to provide information you have requested;

• Deal with payment for the AFA Markets Services;

• Notify you of any changes to our Site or to the AFA Markets Services that may affect you; and

• Resolve disputes or collect overdue payments.

• To fulfil and manage any orders, payments, and refunds in connection with the AFA Markets Services (Contractual Reasons).

• To pass it onto our brand partners in connection with the fulfilment and management of your orders, payments or refunds (Contractual Reasons).

• To provide quotes for software/details of offers (Business Purposes).

• To send administrative Information to you for Business Purposes, Legal Reasons and/or possibly Contractual Reasons. We may use your Information to send you product, service and new feature information and/or information about changes to our Terms (https://www.clarity-by-afa.com) and policies, as may be in place from time to time.

• To send you marketing and promotional communications for Business Purposes and/or with your Consent. We and/or our brand partners may use your Information for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails (see below for further details).

• To facilitate account creation and the log-in process with your Consent. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the Information we are consequently allowed to collect from those third parties to facilitate account creation and the log-in process. See the section below headed "How Do We Handle Your Social Media Log-ins" for further information.

• To administer promotions for our Business Purposes and/or with your Consent.

• To request feedback for our Business Purposes and/or with your Consent. For example, we may use your Information to request feedback and to contact you about your use of the AFA Markets Platform.

• To protect the [AFA Markets] Services for Business Purposes and/or Legal Reasons. We may use your Information as part of our efforts to keep the AFA Markets Services safe and secure (for example, for the purposes of monitoring and/or preventing fraud).

• To enforce our Terms (https://www.afa-markets.com/terms-conditions) and policies for Business Purposes, Legal Reasons and/or possibly Contractual Reasons.

• To respond to legal requests and prevent harm for Legal Reasons. For example, if we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

• We may use your Information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the [AFA Markets] Services, our products and services, our marketing and your experience].

6. WILL YOUR INFORMATION BE SHARED WITH ANYONE?:

In Short: We only share Information for Contractual Reasons, to fulfil our Business Purposes, or with your Consent.

We only share and disclose your Information in the following situations:Website Privacy Policy

• Contractual. We may share Information with brand providers and partners to enable any orders for products or services, or obligations arising out of any such orders, to be fulfilled.

• Compliance with Legal Obligations. We may disclose your Information where we are legally required to do so in order to comply with applicable laws, governmental requests, judicial proceedings, court orders, or legal processes, such as in response to a court order or a subpoena (including in response to requests from public authorities in order to meet national security or law enforcement requirements).

• Vital Interests. We may disclose your Information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, illegal activities or situations involving potential threats to the safety of any person, or where we believe it is necessary for the purpose of providing evidence in connection with litigation proceedings in which we are involved.

• Third Party Service Providers. We may share your Information with third party vendors, service providers, credit reference agencies, trade associations of which we are a member, credit card associations, contractors or agents who perform services and require access to such Information to carry out that work (for example, but not limited to, Paddle). Such third parties will only have access to your Information to the extent that they need to perform those services. They are required to keep your Information confidential and may not use it other than as we ask them to and always in accordance with this Policy.

• Business Transfers. We may share or transfer your Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

• Business Partners. Provided you have given us Consent to do so we may share your Information with our business partners to offer you certain products, services or promotions.

• With your Consent. We may disclose your Information for any other purpose with your Consent, including with any person who you have named as a person we can contact to discuss your account and any agent or representative of yours.

We may disclose aggregated, anonymous Information (i.e. Information from which you cannot be personally identified), or insights based on such anonymous Information, to selected third parties, including (without limitation) analytics and search engine providers to assist us in the improvement and optimisation of the [AFA Markets] Services. In such circumstances we will not disclose any Information which can identify you personally.

7. THIRD PARTY WEBSITES:

In Short: We are not responsible for the safety of any Information that you share with third party providers who feature or advertise, but are not affiliated with, the AFA Markets Services, nor third party providers who are featured or advertised by (but are not affiliated with) us.

The AFA Markets Platform may feature links to third party websites or social media channels, or contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this Policy.

We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the AFA Markets Platform. You should review the policies of such third parties and contact them directly if you have any related questions.

8. FOR HOW LONG DO WE KEEP YOUR INFORMATION?:

In Short: We keep your Information for as long as necessary to fulfil the purposes outlined in this Policy, unless a longer retention period is permitted or required by law.

We will only keep your Information for as long as it is necessary for the purposes set out in this Policy, unless a longer retention period is required or permitted by law (such as tax law, accounting requirements or other legal or regulatory requirements).

When we have no ongoing Business Purpose to justify the processing of your Information, we will either delete or anonymise it, or, if this is not possible (for example, because your Information has been stored in backup archives), then we will securely store your Information and isolate it from any further processing until deletion is possible.

9. HOW DO WE KEEP YOUR INFORMATION SAFE?:

In Short: We aim to protect your Information through a system of organisational and technical security measures.

‍We have implemented appropriate technical and organisational security measures designed to protect the security of any Information we process. For example, we store your personal data on secure servers.

However, please also remember that we cannot guarantee that the Internet itself is 100% secure. Although we will use our reasonable endeavours to protect your Information, we cannot guarantee the security or integrity of personal Information that is transferred from you or to you via the Internet. Transmission of personal Information to and from the AFA Markets Platform is therefore at your own risk. You should only access our services within a secure environment.

10. DO WE COLLECT INFORMATION FROM MINORS?:

In Short: We take steps to ensure that the AFA Markets Services are only used by those over 18 years of age and we do not knowingly collect data from or market to children under 18 years of age.

‍We do not knowingly solicit data from or market to children under 18 years of age. By using the AFA Markets Services, you represent that you are at least 18 years of age. If we learn that Information from users less than 18 years of age has been collected, we will deactivate the relevant account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under 18 years of age, please contact us immediately via support@afamarkets.zendesk.com.

11. YOUR CONSENT TO PROCESSING:

You will be required to give Consent to certain processing activities before we can process your Information. Where applicable, we will seek Consent from you when you first submit Information to or through the AFA Markets Services.

If you have previously given your Consent you may freely withdraw such Consent at any time. You can do this by emailing support@afamarkets.zendesk.com or, where applicable, clicking the ‘Unsubscribe’ button that appears in mailing list communications.If you withdraw your Consent, and if we do not have another legal basis for processing your Information, then we will stop processing your Information. If we do have another legal basis for processing your Information, then we may continue to do so subject to your legal rights.

Please note that if we need to process your Information in order for you to use the AFA Markets Services and you object or do not provide Consent to us processing your Information, you accept that the AFA Markets Services will no longer be available to you.

12. MARKETING AND OPTING OUT:

If you have given Consent to marketing we may contact you about our products, services, promotions and special offers. If you no longer wish to receive such Information, you can withdraw your Consent at any time by sending an email to support@afamarkets.zendesk.com or unsubscribing from the communications.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us in connection with your purchase of a product or service or your involvement in other related transactions.

13. ACCOUNT INFORMATION:

14. WHAT ARE YOUR PRIVACY RIGHTS:

In Short: You have certain rights in respect of your Information.You have certain rights in relation to the Information that we hold about you.

‍Details of these rights and how to exercise them are set out below. Please note that we will require evidence of your identity before we are able to respond to any requests. This is a security measure to ensure that your Information is not disclosed to a person who does not have the 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. To exercise or discuss any of your rights, please contact us via support@afamarkets.zendesk.com.

• Right of Access. You have the right at any time to ask us for a copy of the Information that we hold about you and to check that we are lawfully processing it. Where we have good reason, and where data protection law permits, we can refuse your request for a copy of your Information, or certain elements of the request. If we refuse your request or any element of it, we will provide you with our reason(s) for doing so.

• Right of Correction or Completion. If Information we hold about you is not accurate or is out of date and requires amendment or correction, you have a right to have the data rectified or completed.

• Right of Erasure. In certain circumstances, you have the right to request that the Information we hold about you is erased (for example, if the Information is no longer necessary for the purposes for which it was collected or processed or our processing of the Information is based only on your Consent and there are no other legal grounds on which we may process the Information).

• Right to Object to or Restrict Processing. In certain circumstances, you have the right to object to our processing of your Information (for example, if we are processing your Information on the basis of our legitimate interests but there are no longer any compelling legitimate grounds to justify our processing overriding your rights and interests).You may also have the right to restrict our use of your Information, for example during a period in which we are verifying the accuracy of your Information in circumstances where you have challenged the accuracy of that Information.

• Right of Data Portability. In certain instances, you have a right to receive the Information that we hold about you (or a portion thereof) in a structured, commonly used and machine-readable format. In such circumstances, you can ask us to transmit your Information to you or directly to a third-party organisation on your behalf.While we are happy for such requests to be made, we are not able to guarantee technical compatibility with a third-party organisation’s systems. We are also unable to comply with requests that relate to personal Information of others without their consent.

15. IF WE ARE RELYING ON CONSENT TO PROCESS YOUR INFORMATION, YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME. PLEASE NOTE HOWEVER THAT THIS WILL NOT AFFECT THE LAWFULNESS OF THE PROCESSING THAT OCCURRED BEFORE THE WITHDRAWAL OF SUCH CONSENT.RESPONSE TIMING AND FORMAT

Where we receive a request under paragraph 15 above, we will confirm receipt of your request within ten (10) business days.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data access and portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

16. STATE PRIVACY RIGHTS:

State consumer privacy laws may provide their residents with additional rights regarding our use of their Information. To learn more about California residents' privacy rights, visit this site which sets out your rights under the California Consumer Privacy Act 2018 (“CCPA"). California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of AFA Markets Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@afamarkets.zendesk.com.

17. NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

• Provide you a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

18. CONTACT US

We welcome your feedback and questions on this Policy. If you wish to contact us about this Policy or have any other questions, please email us via support@afamarkets.zendesk.com.

Download PDF