General provisions

The client – is every natural or legal person who has entered into an Agreement with AM or every Third Person who expressed a desire to sign the Agreement, registered in the Trader's Office or provided their data for participation in AM consumer games, campaigns, etc.

Customer data – is a customer data known and processed by AM.

Processing Customer Data – is various operations performed with Customer Data, in particular: collection, recording; systematization; preservation is valid; change; publication; providing access to data; fulfillment of requests for customer data; drawing up extracts from the Data; use of Customer Data, its transmission, cross-use, merging, closing, deleting or destruction; also several of the above operations, regardless of how they are performed or the means used.

Authorized employee – is a person who has the right, in agreement with AM and on behalf of AM, to process Customer Data.

- On issues not specified in the Principles, the Parties proceed from the General Conditions. In particular, the concepts stated in the Principles with a capital letter, but not defined in paragraph 1.1., are interpreted in the meaning that is attached to them in the General Conditions.

Agree for the processing of customer data

- the client confirms that by transmitting AM data he agrees to providing AM with the rights necessary for processing the Data, which follow from the General Conditions and Principles, and the Client’s consent regarding the processing of his data is considered granted every time any will expression or AM information is presented.

- -agree for the processing of Customer Data is considered granted indefinitely, unless otherwise provided in the Imperative Standards. The client has the right to demand that AM stop processing the Client Data, unless otherwise provided by law; including, the Client has the right to refuse to receive information for commercial purposes. Upon receipt of a request to terminate the processing of Customer Data, AM may lose the opportunity to continue to provide the Service or provide benefits, for which the processing of Customer Data is necessary.

- AM has the right to use Customer Data on other conditions not mentioned in the Principles, only subject to obtaining the relevant consent from the Customer, or in the cases and manner prescribed by legislation.

General principles of processing customer data

- in the processing of Customer Data AM and Authorized Processors proceed from the principles and requirements of the law on the protection of personal data, as well as from other relevant legal acts.

- AM processes Customer Data only to the extent that it is necessary to fulfill the Agreement, provide the Customer with the best service and achieve the purposes of processing Customer Data. Unnecessary Customer Data is erased or destroyed.

- AM protects Customer Data from misuse and monitors its processing.

Composition of Customer Data

AM can process customer data that is publicly available and submitted by the customer. The main types of Client Data processed are as follows:

  • Personal data of the client (including the name and surname, personal identification number, date and place of birth, personal identification document data, place of residence, citizenship, language of communication, etc.);
  • data on the field of activity of the Client (incl. Education, educational institution, position, place of work, etc.);
  • Client's contact details (including postal address, email address, telephone and fax number, etc.);
  • financial data about the Client (income, property, income to the account, payment behavior, etc.);
  • data on the representative of the Client, the origin of the property, business partners, commercial activities, the actual beneficiary, etc .;
  • data classifying the Client as a political entity within the meaning of the Law on Combating Money Laundering and Terrorism;
  • data on the Agreement, Account and Transactions (including entries made in connection with the Account, Account balance, order submitted, Order execution data, confirmation of the Transaction, paid and payable services, and other requirements, etc. .)
  • data on communication between the Client and AM, on the habits, preferences and degree of client satisfaction (activity of using the Services, Complaints, statements, etc.);
  • data on participation in consumer games and campaigns (prizes won, points collected as part of campaigns, etc.);
  • data on visits and preferences in the use of the Site, the Trader's Cabinet and the Trading Platform, including operations performed on the Site, the Trading Platform and the Trader's Cabinet, as well as the history of their use;
  • data on the reliability of the Client, including suspicions of money laundering, financing of terrorism, links to organized crime, also litigation, etc .;
  • data obtained in the course of performing the following legal obligations (for example, from inquiries sent to the investigating authorities, notary, tax administrator, court, bailiff, also from decisions of the latter, etc. data).

- AM has the right to record all Orders on the Transaction and other instructions of the Client, sent by means of communication or by other means (including by phone) during the use of the Service, and also, if necessary, use appropriate records to prove the Order on the Customer’s Transactions or other operations (including as evidence in court), as well as other purposes of processing Client Data listed in clause 5.

- in order to ensure the protection and physical security of the assets of AM, the Client, as well as AM and Clients' employees, AM can, through tracking devices, monitor the premises and access to them (including also persons) and record the tracking results in digital form.

in order to provide the Services and perform other duties arising from the Agreement, as well as fulfillment of the duties of diligence established by the legal acts, AM, in addition to the information received from the Client, has the right to process all data in public use about the Client (for example, state database or local government data banks, in public databases, in addition, data published on the Internet), as well as information obtained from Third Parties on the grounds provided for in legislation, or legally obtained for other valid reasons.

- AM has the right to control the accuracy of the Customer Data stored in databases, asking the Customer to check the data and correct it if necessary, or to confirm the accuracy of the customer's own used Data.

Purpose of Processing Customer Data

AM processes Customer Data, primarily to:

  • identify the Client;
  • classify the Client to offer him Investment Services and Investment Additional Services;
  • offer the Customer AM products and services;
  • decide on the provision and conditions of the provision of the Service to the Client;
  • to fulfill the obligations arising from the Agreement (for example, to accept and execute Orders on a Deal, to store the property of the Client and to keep appropriate records), to exercise rights and ensure the fulfillment of the Agreement by the Client;
  • check and, if necessary, supplement or correct the Client Data submitted by the Client;
  • assess the knowledge, experience and competence of the Client in the field of investment;
  • evaluate the conformity and appropriateness of the Service and / or Security for the Client;
  • prevent money laundering and terrorist financing and perform other obligations arising from the law (incl. Duty of endeavor);
  • comply with the requirements imposed by the competent investigative agencies or other eligible persons, institutions or organizations (for example, for reporting, risk management, risk reduction, etc.);
  • respond to reasonable requests from eligible persons (for example, the Manager);
  • to conduct statistical research and analysis of the market share of customer groups, products and Services, as well as other financial indicators, to prepare reports on them;
  • develop existing and develop new products and services, including monitor and develop IT systems and AM programs;
  • set tariffs for payment of services;
  • organize consumer games, campaigns and training;
  • better understand the client's expectations (for example, conduct research, customer surveys, market research, etc.);
  • make decisions on complaints;
  • protect AM rights, analyze, and prevent risks and the possibility of damage to AM

- AM has the right to continue processing of Customer Data also upon termination of the Agreement, primarily with the aim of fulfilling AM’s obligations under legal acts and protecting AM’s rights or the like. justified cases.

Transferring Customer Data

AM transmits Customer Data:

  • enterprises belonging to the concern AM;
  • to persons and organizations related to the provision of the Service, with the realization of the rights arising from the Agreement and with the fulfillment of the obligations arising from the Agreement, including abroad (for example, the Manager, the registry of securities, etc.);
  • database holders, if required by law or contract;
  • authorized data processor;
  • To persons providing AM translation, consulting, IT services, services for the deposit of money and securities, their registration and / or accounting, the compilation of commercial information, etc. (for example, auditor, manager, etc.);
  • to persons to whom AM has entrusted the fulfillment of an activity or duty related to the Service (for example, partners);
  • a new creditor (in case of assignment of the right of claim);
  • To a person providing debt recovery services, a legal adviser, a bailiff or a Third Party if the Client has violated the obligation arising from the Agreement;
  • the court and the pre-trial dispute resolution body (for example, the Financial Ombudsman, etc.);
  • local authorities of the United Kingdom or foreign officials, including government bodies (for example, the Financial Conduct Authority, HM Revenue and customs, financial ombudsmen, investigating authorities, notaries, etc.)

To the persons listed in clause 6.1, AM transmits Customer Data:

  • in the event that the Client Data is necessary for these persons in order to exercise the AM rights arising from legislation or contract, fulfill duties or provide the Service;
  • to the extent necessary to process the Customer Data listed in clause 5 in order to achieve any specific goal; and
  • provided that these persons fulfill organizational, physical or information technology requirements provided for by law and / or AM to ensure the protection of Customer Data and to monitor the processing of Customer Data.

Used by AM - for the purpose of providing the Service and fulfilling the Agreement - Third Parties located abroad may process Customer Data in accordance with the laws of the country of their location, which does not necessarily have to protect personal data at the level of legal acts applicable to AM

Organizational, physical and information technology security measures for customer data

AM applies organizational, physical, information technology, and other necessary security measures to ensure the protection of Customer Data and oversee the processing of Customer Data. Among other things, such security measures cover the following activities:

  • AM, by means of internal instructions, enforced the requirements for processing, recording and storing Customer Data, compliance with which is verified by means of compliance control;
  • AM workers' access to customer data and authority to process customer data in the AM database is limited in accordance with the work assignments;
  • AM enforced confidentiality for its employees;
  • Access to AM workrooms and each employee’s computer is restricted.

- Authorized processors process Customer Data for the purposes stated in the Principles and on terms and conditions agreed with AM. Only Authorized processors who have received appropriate training are allowed to process Customer Data, and only to the extent necessary to fulfill the labor tasks assigned to them. Authorized processors are subject to requirements no less than those introduced by these Principles in order to ensure the protection of Customer Data and to monitor the processing of Customer Data.

Client Rights Protection

- the client has the right to familiarize himself with the Client's data in the Trader's Office and on the Trading Platform or in accordance with the conditions established by legal acts.

- the client has the right to correct the Client Data in the Trader's Office or to contact AM at this time for this purpose. If the processing of Customer Data is not permitted on the basis of a legal act, the Agreement and / or these Principles, the Customer shall have the right to request the termination of the processing of their own Customer Data, incl. request to stop their publication and / or close access to them and / or require to erase the collected Customer Data.

- decisions on the submitted Complaints and requests for information on the processing of Customer Data are made in accordance with the procedure for filing Complaints in force in AM.

- the client has the right at any time to apply for the protection of his rights to the Data Protection Inspectorate.

Saving Customer Data

AM registers and stores:

  • data and documents related to the provision of the Services, which determine the rights and obligations of AM and the Client, and the conditions on the basis of which AM provides the Client with the Service;
  • data on the Services provided and data on Transactions (including Orders issued by phone, e-mail or other means of communication), as well as communication between the Client and AM in a volume that provides an overview of the AM activity on the provision of Services;
  • other data and documents related to the provision of the Services, in accordance with the requirements established in legal acts.
  • AM stores Client Data for at least five years from the end of the relationship with the Client, unless legislation, requirements of the Financial Supervision Authority or other competent institution, AM published information or decisions of AM governing bodies do not follow a specific storage period for specific data or documents.

Market Infrastructure Directive

- AM is subject to obligations under Article 9 of EMIR (Market Infrastructure Directive) reporting, and also delegates certain reporting functions to a third party processor. The parties agree to take all necessary measures so that the other party can fulfill its reporting obligations.

- The parties hereby agree to the transfer of information to the extent necessary to comply with the reporting obligations in accordance with Article 9 of the EMIR (Market Infrastructure Directive). Such a transfer of information will entail the disclosure of transaction data, including portfolio data; value defined for the transaction; posted collateral and the identity of the parties. The disclosure must be made at the merchant vault, the European Securities and Markets Authority ("ESMA") and / or a delegated third party processor. A merchant vault or ESMA (European Securities and Markets Authority) may transfer such information to national supervisors in countries where data privacy laws do not provide the same protection as provided in the United Kingdom.

-AM is not liable to the Client in the event of the inability of the Investment Association or any third party processor to report or clear operations in accordance with EMIR (Market Infrastructure Directive)

- the client is obliged to promptly notify AM of its Clearing Requirements relating to transactions. If the Clearing Requirement about which the Investment Firm has been notified changes, then the Client shall immediately provide written notice of such changes.