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Privacy Policy

IMC-Capital Privacy Policy
Last Updated: January, 2022

This privacy policy (the “Policy”) explains how the IMC-Capital group (collectively “IMC-Capital”, “we” or “us” and each member of the IMC-Capital group for whose services you registered, the “IMC-Capital Entity”) collects, uses and discloses personal information through its websites, mobile applications, and other online products and services that link to this Policy, including any of the products and services detailed in the following paragraph (collectively, the “Services”) or when you otherwise interact with us.

The Services include providing: (i) the IMC-Capital social trading platform for investing in stocks & EFTs, cryptocurrencies and for CFDs trading which users can sign up for an account with ; (ii) the IMC-Capital Money App which facilitates the IMC-Capital Money services (e-money account servicing payments and debit card) and IMC-Capital Money Crypto Wallet services; (iii) IMC-Capital Digital Assets Exchange Services; (iv) any other site, web platform, mobile application or other service facilitated by any IMC-Capital Entity (any account described in (i)-(iv) being an “IMC-Capital Account” for the purpose of this Policy).
We encourage you to read the Policy carefully as it forms part of the relevant IMC-Capital Entity’s terms and conditions, terms of business, agreement with you and/or terms of use, as the case may be.
If you accept or agree to this Policy on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Privacy Policy and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Application of this Policy
For the purposes of applicable state and/or international data protection laws, the respective IMC-Capital Entity with whom you have registered is the “controller” of personal information collected through www.iToro-Capital.net (http://www.iToro-Capital.net/), other IMC-Capital group entities’ websites, widgets, mobile applications (including the IMC-Capital Money App) and other platforms (together the “Site”), and is the company to contact if you have questions about the use of your personal information (see the “Contact Us” section below). The Policy also applies to personal data about each authorized representative of a client and about other persons or entities where this personal data is collected in the course of providing the Services (such as directors of corporate clients).


Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you create an IMC-Capital Account, participate in any interactive features of the Services, fill out a form, participate in a contest or promotion, make a purchase, communicate with us via third party social media sites, request customer support, or otherwise communicate with us.

When You Sign Up or Register for an IMC-Capital Account or Services

If you sign up for an IMC-Capital Account or other Services, we will collect basic information about you including your name, email address and telephone number. You may provide this information to us directly, or by signing in to your account/service with a third party, including without limitation, Facebook or Google (see “Information We Collect from Other Sources” below). We will use the information that we collect about you to:

  • Create and maintain your IMC-Capital Account;
  • Allow you to log in to IMC-Capital;
  • Contact you about your IMC-Capital Account and/or our Services (this may include marketing emails).

When You Provide Information to Build Your Profile

Once you have created an IMC-Capital Account, we will ask you to provide additional information to allow you to make use of certain functions. We will ask you to provide a copy of an identification document, such as a passport, residency permit, visa or national identity card, a utility bill and such other documents as may be required by us in order to comply with our regulatory obligations and to verify your identity. Further details about the identification process can be found in the relevant IMC-Capital Entity’s terms and conditions, terms of business and/or terms of use or client/customer agreement, as the case may.
Please note that if you choose to provide additional information about yourself to complete your “Profile”, then the information we ask for may include your gender, date of birth, place of birth, addresses, nationality, national insurance number, social security number (or other government-issued identification number), citizenship and residency status, Tax ID, and information about your experience trading, education, source of income, investment aims and appetite, occupation, employer and employment position, annual income, investment portfolio, total cash and liquid assets and other details or questions as may be required in the Profile creation and the process may be amended by us from time to time.
It is optional for you to do so but for legal and regulatory reasons you will be unable to proceed to use certain features unless you provide further information.

We will use the information you provide in your Profile to:

  • verify your identity and carry out checks that we are required to conduct by applicable laws and regulations, including without limitation, “know your customer” (KYC), anti-money laundering, fraud, sanctions and politically exposed person (PEP) checks;
  • contact you on matters related to your IMC-Capital Account, including to request any additional information or documentation;
  • provide you with notices related to your IMC-Capital Account, general updates, market updates and other marketing materials, including about the Services offered by members of the IMC-Capital Group;
  • tailor the products and services offered through the Site to you, including without limitation, to perform any suitability or appropriateness assessments for using our services and/or products, such as our high-leveraged trading services and Social Trading Features;
  • assess your credit risk;
  • assess your risk score according to parameters determined by IMC-Capital;
  • assess whether you qualify as a professional client, wholesale client or other specific category of client;
  • maintain administrative records relating to our business;
  • set up security measures to secure your account, including without limitation, to carry out two-factor authentication (“2FA”); and

You can update your Profile at any time by visiting the “Account” page in the Settings menu when logged into your IMC-Capital Account. We recommend that you update your Profile regularly, to ensure that the IMC-Capital functions offered to you are appropriate for your current circumstances. You further agree to update such information upon IMC-Capital’ request, if IMC-Capital considers the information provided as untrue, incorrect, incomplete and/or inconsistent with other information provided by you at any time. You acknowledge that we may rely upon such information and that you are responsible for any damages or losses which may result from any inaccuracies, including without limitation, the inappropriateness of our Services to your Profile. You do not have to complete your Profile and therefore do not have to provide the information; however, if you choose not to, we will be unable to offer IMC-Capital’ full functionality to you.

 

 

Unsolicited Information

If you provide us with personal information that we have not requested then we will endeavour to only retain the information that we are entitled or required to hold because of the products and services we provide. However, if this additional information is surplus to our requirements but is provided to us in a manner where it is combined with information that we are either required or entitled to retain then you acknowledge that this unsolicited information may be held by us in the same manner as the balance of your personal information.

 

 

 

Your Choices and Rights

You may have certain rights and protections under the law regarding the processing of your personal data. For example, you may also have the right to object to, or request that we restrict, certain processing and in some circumstances to obtain a copy of the personal information in machine readable format. There are limits to such rights where they apply and in certain circumstances we may not be required or able to meet your request, or we may only meet your request in part

Legal Basis for Processing: For transparency purposes (where relevant under data protection legislation applicable to our processing of your personal information) we process your personal data on the following legal grounds:

  • Entering into and Performing the Contract with You: If you have an IMC-Capital Account or have registered on the Site or for the Services, our legal basis for processing your personal information is that it is necessary for the performance of the relevant IMC-Capital Entity’s terms and conditions, terms of business and/or terms of use, and to provide the requested service to you. With respect to an IMC-Capital Account, this includes facilitating access to our platform, processing payments and executing trades.
  • For other Justifiable Grounds, including Legal Obligation and Legitimate Interests: We process your personal information where necessary for IMC-Capital to comply with legal and regulatory obligations we are under, and also where it is necessary for legitimate interests we have in conducting our business (or the legitimate interests of our partners in complying with their legal obligations), balanced against the rights of our customers, like you. These include without limitation:
  • Learning about your interests and preferences to contact you with information that is relevant to you and helping us target marketing communications and advertisements for our products and services so that they are more relevant to you.
  • Using your pseudonymised details to show you advertising for our products and services on social media platforms, such as Facebook or via other third-party advertising that may appear on other websites you use. The information shared with these platforms is pseudonymised to protect your personal data.
  • Analyzing and continually improving the Site and the Services and helping us pilot test versions of the Site internally to develop new features and ensure the efficient running of IMC-Capital’ services
  • Detecting and reducing fraud and credit risk

Data Subject Requests: You may have the right to access personal data we hold about you and to ask that your personal data be updated, corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you can log into your account or contact us via our website. Alternatively, you may also reach us by email  If you wish to delete or deactivate your account, please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain time.

 

Promotional Communications

You may opt out of receiving promotional emails or text messages from IMC-Capital by following the instructions in those emails or text messages or by visiting the “Notifications” tab in the “Settings” menu on our platform. If you opt out, we may still send you non-promotional emails, such as service messages about your IMC-Capital Account or our ongoing business relationship.

 

Security and Integrity of Information

 

We protect your personal information by using data security technology and using tools such as firewalls and data encryption. We also require that you use a personal username and password every time you access your account online. As set out in the relevant IMC-Capital Entity’s terms and conditions, terms of business and/or terms of use, you must not share your password with anyone else. We recommend that you do not re-use a password previously used by you for other platforms/services. We strongly encourage you to activate Two Factor Authentication (“2FA”) in your account. 2FA requires you to enter a verification code sent to you mobile phone via SMS in order to access your account.
We restrict access to personal information at our offices so that only officers and/or employees with a legitimate business purpose can access it.

 

 

Links

The Site may include links to other websites on the internet. We are not responsible for the content of these sites or for any other privacy practices on these internet sites. You should read the terms of use and the privacy statements of any such websites. Our terms of use and our Privacy Policy apply only to information collected by us in accordance with this Policy