Privacy Policy

Protecting the privacy and safeguarding the personal and financial information of our clients and website visitors is one of our highest priorities. The following Privacy Statement explains how GAIN Capital collects and protects your personal information. References to “GAIN Capital” in this Privacy Statement include all GAIN Capital companies and divisions, including Global Strategy.

By opening a GAIN Capital account or by using GAIN Capital websites, you give your consent to the collection and use of personal information by GAIN Capital as explained in this Privacy Statement.

Collection of personal information

We collect your personal information directly from you and indirectly because of your relationship with us. GAIN Capital may use the information collected from you to verify your identity and contact information, establish your trading account, issue you an account number and a secure password, maintain your account activity and contact you with account information, among other reasons. This information also helps us improve our services to you, customize your browsing experience and inform you about additional products, services or promotions that may be of interest to you.

You directly provide us with most of the information we collect. This information includes your contact details, including name, mailing address, telephone number and e-mail address, personal identification data we are required by law to collect, including your passport number and/or tax identification number, and information required by law to assess your trading experience and risk tolerance, including your annual income, net worth and available risk capital. We also collect demographic information when you open an account, including gender, birth date, occupation and employment status.

You provide us with this information by completing the account application and related documentation, by sending us an e-mail or by submitting information in response to a promotion or special offer.

The information we collect indirectly from you includes your Internet protocol (“IP”) address, browser type, operating system, Internet service provider (ISP), time stamps and transaction history.

Should you close your account with us, GAIN Capital will retain your information, but only use it to comply with regulatory requirements and to periodically contact you to offer you the opportunity to reactivate your account or participate in other offers.

Cookies

We use cookies and web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”) to provide us with data we can use to improve your experience and to know you better. Cookies are small text files sent from Web servers that may be stored on your computer. Cookies enable us to capture how you arrived at our site, when you return, which pages on our site you visit, and to recognize that you are already logged on when we receive a page request from your browser. We may link the information we store in cookies to personally identifiable information you submit while on our site. We will never share this information with any 3rd party. Cookies are readable only by us and do not contain any personal information nor do they contain account or password information. We cannot and will not gather information about other sites you may have visited.

We may share usage information about visitors to our websites with reputable advertising companies for the purpose of targeting our Internet banner advertisements. The information collected by the advertising company using these pixel tags is not personally identifiable. We may also use 3rd party software to track and analyze usage and volume statistical information including page requests, form requests and click paths. The third party may use cookies to track behavior and may set cookies on behalf of GAIN Capital.

All web browsers have settings that allow you to block cookies. By visiting our website with your browser set to allow cookies, you consent to our use of cookies as described above. If you choose to block cookies you may use our services but some functions may not work as designed.

You can manage your cookie preferences at any time by changing your cookie settings via the Cookies Notice.

Sharing Personal Information with GAIN Capital affiliates and Non-affiliated third parties

GAIN Capital does not sell, license, lease or otherwise disclose your personal information to any affiliate or third party for any reason, except as described below.

GAIN Capital may share information with affiliates if the information is required to provide the product or service you have requested or to provide you the opportunity to participate in the products or services our affiliates offer.

To help us improve our services to you, we may engage another business to help us carry out certain internal functions, such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a non-affiliated third party with client information from our database, including your name, address, phone number, and/or e-mail address, to help us analyze and identify client needs, notify clients of product and service offerings or conduct general marketing and market research for us.

GAIN Capital also forges partnerships and alliances with non-affiliated third parties which offer high-quality products and services that might be of value to our clients. In order to ensure that these products and services meet your needs and are delivered in a manner that is useful and relevant, GAIN Capital may share some personal information with these non-affiliated third parties.

We generally require that all non-affiliated third parties to which we provide your nonpublic personal information agree to keep your information confidential and use such information solely for the limited purpose for which we have engaged them, or as otherwise required by law. In addition, where offers are made to you by non-affiliated third parties, we generally require that they disclose that the offer is being extended because of your relationship with us. We also seek to ensure that these non-affiliated third parties maintain appropriate data security procedures to guard against unauthorized use of, or access to, your personal information.

When required by law, GAIN Capital reserves the right to disclose your personal information to third parties or regulatory, law enforcement or other government authorities. We may also disclose your information to credit reporting or collection agencies, or when necessary to protect our rights or property.

If at any time you choose to purchase a product or service offered by another company, for example by clicking on an advertisement on a website owned or controlled by GAIN Capital, any personal information you share with that company will no longer be controlled under our Privacy Statement. We are not responsible for the privacy policies or the content of sites we link to and we have no control over the use or protection of information provided by you to, or collected by, those websites. Whenever you elect to link to a co-branded website or to a linked website, you may be asked to provide registration or other information. Please note that the information you are providing is going to a third party, and you should familiarize yourself with the privacy policy published by that third party.

The security of your personal information

We employ security software, systems and procedures to offer you a safe and secure trading environment and to protect your personal, financial and trading information.

When you open an account with us, you are issued a unique account number, User ID and a password. Only a limited number of GAIN Capital employees who have a need to know this information will have access to your account number, User ID, and password. Remember that you are ultimately responsible for maintaining the secrecy of your account number, User ID and password. We strongly recommend that you do not disclose this information to anyone.

On our websites and online account application we use technology to encrypt information transmitted by or to you. We use certificate authority (CA) certificates to authenticate our websites and secure trading and customer-facing applications, allowing you to verify that you are connected to our websites.

Changes to this Privacy Statement and Opting Out

In the event GAIN Capital materially changes this Privacy Statement, the revised Privacy Statement will promptly be posted to our websites. By opening an account with us, you are deemed to agree to accept posting of a revised Privacy Statement electronically on our website as actual notice to you.

Under certain circumstances, such as with respect to our sharing of your personal information with non-affiliated third parties, you may inform us that you would like to “opt out” by contacting us through the contact information listed below. Note that for joint accounts, an-opt out election made by one account owner of a joint account is applicable to all account owners of the joint account. An opt-out election must be made for each separate account you hold at GAIN Capital.

SUPPLEMENTAL PRIVACY POLICY (EU CLIENTS)

Who we are

GAIN Global Markets Inc. trading as Global Strategy (“we”, “us”, “our”) is committed to protecting your privacy and maintaining the security of any personal information that we receive from you.

This privacy policy is supplemental to the Privacy Policy (All Clients) above, and applies to individuals who are resident in the European Union. In the event of any conflict between this policy and our existing privacy policy, the terms of this policy shall prevail.

If either privacy policy changes, we will place an updated version on our website.

The purpose of this policy

The purpose of this policy is to explain to you what personal information we collect and how we and our associated companies may use it. Companies are associated with us if they are our subsidiaries or we are both subsidiaries of the same corporate entity.

We are the controller of any personal information which you provide to us which means that we decide the purposes and means of the processing of that personal information.

If any provision or part-provision of this policy is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this policy.

How we obtain and store your information

We obtain your information through applications, emails, letters, telephone calls, SMS messages, cookies and conversations when registering for our services and during our relationship (including information gained when you use our learning tools, demo accounts and trading simulators).

We may monitor or record phone calls with you and monitor (and maintain a record of) all emails and electronic communications sent by or to us.

We follow strict security procedures in the storage and disclosure of information that you have given us to prevent unauthorized access.

What types of personal information we process

We may process the following types of personal information:

• name;
• contact details including email details, addresses and phone numbers;
• age or date of birth;
• gender;
• occupation;
• income, assets and liabilities;
• bank account balances, financial statements, credit reporting information and employment details;
• trading knowledge and experience;
• usernames and passwords;
• information relating to your account including your account history, activity and orders;
• IP address;
• social security number, national insurance number, passport or other MiFIR national identifier;
• transaction reporting reference;
• power of attorney / agent details;
• phone device type;
• operating system;
• device ID;
• cookie ID;
• Google 360 ID;
• GUID; and
• information about your use of our services, products and facilities (including information gained when you use our learning tools, demo accounts and trading simulators).

How we check your identity

To comply with applicable regulations we need to confirm the name and address of our customers and certain third parties. We may ask you to provide physical forms of identity verification when you open your account. Alternatively, we may use a credit reference agency to verify your identity. Our search is not seen or used by lenders to assess your ability to obtain credit.

Using your personal information

As well as checking your identity, the personal information we hold may be used for:

• considering any of your applications;
• carrying out risk assessments;
• complying with our legal and regulatory obligations;
• performing our obligations under any contract we have with you;
• administering our relationship with you including resolving queries or issues;
• establishing and managing your account;
• reviewing your ongoing needs;
• providing you with the information, products and services that you request from us;
• checking your instructions to us;
• investigating any complaint you may make;
• providing evidence in any dispute or anticipated dispute between you and us;
• recovering amounts payable;
• training our staff;
• enhancing our customer service and products;
• undertaking product development and analysis; and
• detecting or preventing fraud or other crimes.

Where you have consented to direct marketing, we may send you marketing material from time to time by post, email, telephone, SMS or other electronic messaging services.

We also use technology to make decisions automatically or to build profiles about you. This technology uses logic that assesses whether our products are suitable for a potential customer, which helps us to determine whether it is appropriate for a potential customer to open an account with us. This means that you may not be able to open an account with us if our technology determines that it would not be appropriate for you to do so based on your financial knowledge and trading experience. If you ever think our machines have got it wrong, you can ask for a human to investigate it. (See “Your Rights – Rights in relation to automated decision making and profiling”.)

When we may share your information

We may share your personal information with:

• any regulatory, law enforcement or tax authority;
• such third parties as we reasonably consider necessary in order to prevent crime, e.g. the police;
• our associated companies;
• third-party service providers and advisers who provide us with administrative, financial, research or other services in connection with the services we provide to you;
• our introducing brokers and other commercial partners;
• our professional advisers;
• credit reference agencies;
• our auditors for the purposes of carrying out financial and regulatory audits;
• our agents, including credit reference agencies, acting on our behalf, carrying out such credit and identity checks, including money laundering checks, compliance regulatory reporting and fraud prevention checks, as we may reasonably consider necessary or desirable, including requesting a reference from your bank or any credit reference agency. Any third party referred to in this clause may share any personal information concerning you with us and other organizations involved in credit reference, the prevention of fraud and/or crime and/or money laundering or for similar purposes or to recover debts involved;
• courts, tribunals, regulatory or tax authorities and government agencies to enable us to enforce our agreement with you or to comply with the requirements of a court, regulator, tax authority or government agency;
• the purchaser or potential purchaser of one or more of our businesses or product/service lines and their professional advisers; and
• our trade repository.

Please also note that disclosure to the trade repository or regulators may also result in certain anonymous transaction and pricing data becoming available to the public.

Generally, we require that organizations outside our associated companies with whom we share your personal information acknowledge the confidentiality of your data and undertake to respect your right to privacy.

Information, which we obtain indirectly

In some cases, we are also provided with your name and contact details by our third party referrers.

We also gather information relating to you and your online behavior:

• to help optimize our website, to give you a good user experience and to personalize your use and our communications to you;
• to help us monitor, support and improve the performance of our site (by analyzing your use and experience of our site);
• to help us understand more about you and the products and services you use and are interested in; and
• to tailor the online advertising you receive.

Knowing more about you helps us to understand our customers better, and means we can give you recommendations about products and services you may be interested in, and provide you with relevant advertising and customized communications that are of interest to you.

We combine information that you provide to us with information that is publicly available and/or that we receive from third parties such as advertisers and/or other reputable sources who have obtained your permission to do so, or have otherwise explained to you that this may happen.

Joint applicants

You should only give us personal information about someone else (such as a joint applicant) with their permission. Where information is provided by you about someone else, or someone discloses information about you, it may be added to any personal information that is already held by us and it will be used in the ways described in this privacy notice. Sometimes, when you open a joint account or product, this may mean that your personal information will be shared with the other applicant. For example, transactions made by you will be seen by your joint account holder and vice versa.

The legal basis for our processing of personal information

The legal basis for our processing of personal information will depend on why we process your information.

Where you wish to enter or have signed a contract to receive services from us, we will process your personal information to enable us to enter and perform our contract with you. If you don’t provide the personal information requested then we may not be able to provide some or all those services to you.

Where you use our website, we will process your personal information collected by using cookies.

We may also need to process your personal information to comply with our legal and regulatory obligations including in relation to:

• performing anti-money laundering, terrorism prevention and sanctions screening checks, complaints and investigations or litigation;
• obtaining information about your relevant investment knowledge and experience so that we can assess whether a service is appropriate for you;
• obtaining information about your other investment activities in order to ascertain your status for the purposes of regulations which apply to trading in over-the-counter derivatives; and
• submitting and disclosing reportable data to our trade repository.

We also have a legitimate interest to process your personal information for:

• performing the services or supplying the products or information you have agreed to receive from us;
• ongoing management of our relationship with you and to maintain contact with you;
• our internal business purposes which may include business and disaster recovery, document retention/storage, IT service continuity (e.g. back-ups and helpdesk assistance) to ensure the quality of the services we provide to you;
• corporate transactions;
• marketing analytics including marketing campaign optimization and web analytics to enable us to develop and target the marketing of our products and services;
• keeping our records updated and studying how customers use our products/services;
• developing our products and services, growing our business and informing our marketing strategy;
• defining the types of customers for our products and services and keeping our website(s) and platform(s) updated and relevant; and
• portfolio analysis and experience studies to enable us to improve the products and services we offer to customers.

If you have consented to direct marketing, we will use relevant personal information to enable us to provide you with personal information about products, news and services that may be of interest to you.

Using companies to process your information outside the EEA

All countries in the European Economic Area (“EEA”) have similar standards of legal protection for your personal information. The personal information that we collect from you may be transferred, and stored, outside the EEA. It may also be processed by staff operating outside the EEA who work for us. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. Where we transfer personal information or share it with others outside the EEA, we will ensure that a similar degree of protection is afforded to it by use of model clauses approved by the European Commission, by transferring to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission or by transferring to third parties who are part of the Privacy Shield.

How long will we keep it?

We shall hold information about you on electronic and/or paper files whilst you are a customer and typically for seven years after you cease to be a customer. In some circumstances, it may be necessary to keep your information for longer than this period, in order to fulfil the purposes we collected it for, or for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.