Data Protection

Clear Capital Markets Limited (the “Firm”), is fully committed to compliance with the requirements of the General Data Protection Regulation (Regulation (EU) 2016/679), which came into force on 25 May 2018. This policy sets out the basis on which any personal data the Firm collect from you, or that you provide to us, will be processed, and stored by the Firm. Please read the following carefully to understand our views and practices regarding your personal data and how the Firm will treat it. By using our website, you are agreeing to be bound by this Policy, however, you are free to withdraw your consent anytime by notifying us.For the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’), the data controller is Clear Capital Markets Limited.

PURPOSE OF THE DATA PROCESSING

‍The Firm is required to maintain certain personal data about individuals for the purposes of satisfying our operational and legal obligations (to open an account, client due diligence, money laundering prevention, transact business effectively and to safeguard your assets and your privacy). The Firm recognise the importance of correct and lawful treatment of personal data as it helps to maintain confidence in the Firm and to ensure efficient and successful outcomes when using this data.
The Firm only use personal information as legally appropriate to provide you with a high quality of service and security. The Firm may use personal data collected from you to verify your identity and contact information. The Firm may also use this information to establish and set up your trading account, issue an account number and a secure password, maintain your account activity, and contact you with account information. This information helps us improve the Firm’s services, satisfy financial regulation, and inform you about new products, services or promotions that may be of interest to you.
Personal data may consist of data kept on paper, computer, or other electronic media; all of which is protected under the GDPR.

PRINCIPLES OF THE DATA PROCESSING

‍All data is:

• Fairly and lawfully processed.
• Processed with specified legal basis.
• Adequate, relevant, and not excessive.
• Not kept for longer than necessary.
• Accurate.
• Processed in accordance with the individual’s (data subject’s) rights.
• Secure; and
• Not transferred to other countries without adequate protection.

PERSONAL DATA WE COLLECT

‍The Firm may collect and process the following data about you:

• Up-to-date data about yourself and your identity, if you register your personal details for the Firm’s services; and the types of personal data that the Firm may process, for instance, includes information about current, past, and prospective clients. with whom the Firm has dealings. This information includes information required to communicate with you, including your name, mailing address, telephone number, email address, date of birth, ID, and your location information.
  
  If you contact us, the Firm will keep a record of that correspondence. The Firm may occasionally ask you to complete surveys that the Firm use for research purposes, although you do not have to respond to them. You have choices about the data the Firm collects. When you are asked to provide personal data, you may decline. You are also entitled to have the Firm erase your personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal however, if you choose not to provide data that is necessary to provide a service or feature or to withdraw the data that is still relevant to original purposes of processing, you may not be able to use that service or feature.

The data the Firm collects depends on the context of your interactions with the Firm, the choices you make, including your privacy settings, and the service and features you use.

REASONS THE COMPANY SHARE PERSONAL DATA

‍The Firm share your personal data with your consent or as necessary to complete any transaction or provide any service you have requested or authorised. The Firm also share data with:

• With vendors working for the Firm and / or on the Firm’s behalf.
• When required by law or to respond to legal process.
• To protect the Firm’s clients.
• And to maintain the security of the Firm’s services; and to protect the Firm’s rights or property.

NON-AFFILIATED THIRD PARTIES.

‍The Firm do not sell, license, lease or otherwise disclose your personal information to any third party for any reason, except as described below.The Firm reserve the right to disclose your personal information to third parties when required to do so by law to regulatory, law enforcement or other government authorities. The Firm may also disclose your information as necessary to credit reporting or collection agencies. The Firm may also disclose your information to non-affiliated third parties if it is necessary to protect the Firm’s rights or property.

Use of the shared information is strictly limited to the performance of the task the Firm request and for no other purpose. All third parties with which the Firm share personal information are required to protect personal information in a manner similar to the way the Firm protect personal information. The Firm use a variety of legal mechanisms, including contracts, to help insure your rights and protections.

ACCESS TO PERSONAL DATA

‍All individuals who are the subject of personal data held by us are entitled to:

• Ask what information the Firm hold about them and why.
• Ask how to gain access to it.
• Be informed how to keep it up to date.
• Have inaccurate personal data corrected or removed.
• To receive the personal data concerning them, which they have previously provided.
• Be informed what the Firm is doing to comply with its obligations under the GDPR.

If you cannot access certain information and personal data collected by the Firm, you can always contact the Firm by emailing enquiries@clear-cm.co.uk. The Firm will respond to requests to access or delete your personal data within thirty [30] days.

SECURITY OF PERSONAL DATA

‍The Firm maintain strict security standards and procedures with a view to preventing unauthorised access to your data by anyone, including our staff. The Firm use leading technologies such as (but not limited to) data encryption, firewalls, and server authentication to protect the security of your data. The hardware protection includes Cisco security products. The software protection tools include strict control mechanisms as follows: SSL 3, TLS 1.2 with keys equal or larger than 2048-bit. The Firm’s staff and other third parties, whenever contracted to provide support services, are required to observe our privacy standards and to allow us to audit them for compliance.

BREACH OF PERSONAL DATA

‍In the case of a personal data breach, the Firm shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority – Information Commissioner’s Office, UK (“ICO”) unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to ICO is not made within 72 hours, it shall be accompanied by reasons for the delay according to the Article 33 of GDPR.

WHERE PERSONAL DATA IS STORED AND PROCESSED

‍The primary storage location for personal data collected by the Firm is the UK, however, some data may be stored overseas where our service providers maintain facilities.

The storage location(s) are chosen to operate efficiently, to improve performance, and to create redundancies to protect the data in the event of an outage or other problem. The Firm take steps to ensure that the data the Firm collect under this privacy statement is processed according to the provisions of this statement and the requirements of applicable law wherever the data is located.

The primary storage location for personal data collected by the Firm is the UK, however, some data may be stored overseas where our service providers maintain facilities.

RETENTION OF PERSONAL DATA

‍The Firm retains personal data for as long as necessary to provide the services, or for other essential purposes such as complying with our legal obligations, including as an authorised financial services provider, resolving disputes, and enforcing our agreements.

CONTACT

‍The Firm’s Data Protection Officer is Daniel Pellard. If you have a question or concern relating to data protection, please contact us by:

• Phone on +44 (0) 203 869 6080
• Sending an email to enquiries@clear-cm.co.uk with the subject title ‘Data Protection Query’
• Or by post to: The Data Protection Officer, Clear Capital Markets Limited, 12th Floor, Broadgate Tower, 20 Primrose Street, London, EC2A 2EWThe Firm will respond within thirty [30] days.