Privacy Policy

1. RESPECTING YOUR PRIVACY

Protecting your privacy, and the confidentiality of your personal information is important to us. Eightcap is committed to managing your personal information in an open and transparent way. This Privacy Policy outlines how Eightcap manages, handles and protects the personal data it collects and holds about you in accordance with relevant privacy laws and regulations in the jurisdictions where we operate,

All third parties (including clients, suppliers, sub-contractors, or agents) that have access to or use personal information collected and held by Eightcap, must abide by this Privacy Policy displayed on our website. This Privacy Policy is reviewed regularly to take into account changes in legislation, technology, and the operations and practices of Eightcap.

2. PERSONAL INFORMATION EIGHTCAP COLLECTS

Personal information we collect about you may include:

your name;
your contact details, including email address, postal address, and telephone number;
your date of birth;
your driver’s licence number;
a copy of your passport or identification card or your passport/ID card number;
your employment details;
your taxation information;
financial information including about your income, assets and liabilities;
trading statements;
details of your nominated bank account;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our website, including through the use of cookies, your communications with our site, the type of browser you are using, the type of operating system you are using and the domain name of your internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party.

3. COLLECTING YOUR PERSONAL INFORMATION

Eightcap only collects personal information that is reasonably necessary for providing our products and services. Due to the nature of the products and services that we provide, and our associated legal and regulatory obligations, we are unable to allow you to deal with us on an ‘anonymous’ basis.

Collecting Sensitive Information

‘Sensitive Information’ refers to personal information about a person’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs,membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, genetic information or health information.

We will not collect sensitive information about you without your consent unless an exemption applies. These exceptions include if the collection is required or authorised by law, or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.

Collecting Information Required by Law

In order to open a trading account with us and deposit funds, we are required to collect certain informationfrom you to verify your identity (i.e. your driver’s licence or passport) In line with relevant Anti-Money Laundering (AML) regulations and other applicable regulatory requirements.

We may be required to ask about your tax residency status under taxation information sharing agreements established between countries. For example, certain tax treaties between the United States and other countries require us to ask you whether you are a US citizen or US resident for tax purposes when you apply for a trading account. In addition, we may ask for your tax identifier in order to comply with our obligations under The Common Reporting Standard (CRS). The CRS is an information-gathering and reporting requirement for financial institutions in participating countries/jurisdictions, to help fight against tax evasion and protect the integrity of tax systems. If you are a tax resident of another country, the relevant treaty or law may require us to collect your relevant foreign tax identification number.

Unsolicited information

If you provide personal information that we have not requested, we will only retain it in limited circumstances. We will only retain the information if it is reasonably necessary for us to provide you with products and services, and you have consented to the information being collected, or it was not practical or reasonable forus to obtain your consent under the circumstances. If these conditions are not met, we will destroy the information. If the unsolicited information we receive about you is sensitive information, we will always obtain your consent.

4. USING YOUR PERSONAL INFORMATION

We may use your personal information for several different purposes, including:

to consider your application for a product or service;
to enable us to provide a product or service;
to tell you about other products and services that may be of interest to you;
to assist in arrangements with other organisations in relation to a promotion or provision of a product or service;
to manage accounts or perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring and staff training, collecting debts and market or customer satisfaction research);
to consider any concerns or complaints you raise against us and/or to manage any legal action;
to prevent or investigate any actual or suspected fraud, unlawful activity or misconduct;
to identify you or establish your tax status under any Australian or foreign legislation, regulation or treaty, pursuant to an agreement with any tax authority;
as required by relevant laws, regulations, codes of practice and external payment systems; and
brokers and/or other related entities who may have introduced you to us.

We may also disclose your personal information to related entities or business partners to enable them to tell you about a product or service that may be of interest to you.

Depending on the product or service concerned and particular restrictions on sensitive information, where necessary, we may need to share or disclose personal information about you to the following organisations:

any related entities of Eightcap which provide financial and other services for Eightcap;
credit reporting or reference agencies;
an agent, contractor or service provider we engage to carry out our functions and activities, such asour lawyers, accountants, debt collectors or other advisers;
organisations involved in managing payments, including payment merchants and other financial institutions, such as banks;
regulatory bodies, government agencies, law enforcement bodies and courts;
financial product issuers and credit providers;
if you were introduced to Eightcap by a third party, we may disclose personal and account information about you to them, their related companies and licensees or authorisedrepresentatives;
organisations involved in a transfer or sale of all or part of our assets or business;
anyone else to whom you authorise us to disclose it or is required by law or contract.

If we disclose your personal information to service providers that perform business activities for us, they may only use your personal information for the specific purpose for which we supply it. We will ensure that all contractual arrangements with third parties adequately address privacy issues, and we will make third parties aware of this Privacy Policy.

6. DIRECT MARKETING

We may only use personal information we collect from you for the purposes of direct marketing without your consent if:

the personal information does not include sensitive information; and
you would reasonably expect us to use or disclose the information for the purpose of direct marketing; and
we provide a simple way of opting out of direct marketing; and
you have not requested to opt out of receiving direct marketing from us.

If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us. We will draw your attention to the fact you may make such a request in our direct marketing communications.

You have the right to request us not to use or disclose your personal information for the purposes of direct marketing, or for the purposes of facilitating direct marketing by other organisations. We must give effect to the request within a reasonable period of time. You may also request that we provide you with the source of their information. If such a request is made, we must notify you of the source of the information free of charge within a reasonable period of time.

Where your consent is required to use and/or disclose personal information about you, i.e for a different
purpose to which it was collected (a secondary purpose). We will ensure:

you are adequately informed before giving consent
you give consent voluntarily
the consent is current and specific; and
you have the capacity to understand and communicate consent

8. USE OF COOKIES AND OTHER TRACKING TECHNOLOGY

Our website(s) have links to external third-party websites that may benefit you. Please keep in mind that these third-party websites are not covered by this Privacy Policy and these sites are not subject to our privacy standards and procedures.

We also use cookies to give you access to certain pages of our website(s) without having to log in each time you visit. Likewise, we may use independent external service providers to track the traffic and usage on our website(s).

Please note that ‘cookies’ are small pieces of text stored on your computer to help us determine the type of browser and settings you are using, where you have been on our website(s), what you have downloaded, where you came from, and to ensure your information is secure. The purpose of cookies is to provide you with a more relevant and effective experience on our website(s), including presenting web pages according to your needs or preferences.

Cookies are frequently used on many websites on the internet, and you can choose if and how a cookie will be accepted by changing your preferences and options in your browser. However, please note that you may not be able to access some parts of our website(s) if you choose to disable the cookie acceptance in yourbrowser, particularly the secure parts of the website(s). Therefore, we recommend you have the cookies function enabled to benefit from all the services on our website(s).

Please also note that we are constantly improving the functionality on our website(s). This may mean a change to the way in which personal information is collected or used. The impact of any changes in technology which, as a result, may affect your privacy, will be included in this Privacy Policy.

9. MANAGING YOUR PERSONAL INFORMATION

Eightcap takes all reasonable steps to protect your personal information and data from misuse and loss, and from unauthorised access, modification and disclosure.

Staff receive training around their obligations when they collect and handle personal information.

Your personal information is stored in a combination of secure computer storage facilities, paper-based files and other records.

We maintain physical security, such as locks and security systems, over our paper and electronic data stores and premises. We also maintain computer and network security. For example, we use firewalls (security measures for the internet) and other security measures, such as identification codes and passwords, to control access to computer systems. We continually maintain and monitor our online security systems to ensure that our online services are secure and that your personal information is appropriately protected when you use these services.

Please note that we may need to maintain your personal information for a significant period of time. When we are no longer permitted to keep your information, we will remove and/or destroy your personal information accordingly.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy.

You do not have to provide personal information to us. However, we will be unable to provide you with our products and services.

Information from third parties: If we receive personal information about you from a third party, we will protect it, as set out in this Privacy Policy.

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us..

If you believe that the personal information Eightcap holds about you is inaccurate, incomplete or out-of-date as a result of changes of address and other personal circumstances, you should contact us as soon as possible. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

We can update your personal information over the telephone or by email from your registered email address(please note that we will need to confirm your identity before making any amendments). We will also periodically require you to confirm the personal information we hold as part of our ongoing customer due diligence obligations under the relevant Anti-Money Laundering and Counter-Terrorism Financing regulations.

11. DATA RETENTION

We store your date for as long as reasonably necessary to fulfil the purposes we connected it for, including for the purposes of satisfying any legal and regulatory reporting requirements. We may retail your personal data for a longer period in the event of a complaint of it we reasonably believe there is a prospect of litigation in respect to our relationship with you.

By law, we have to keep your personal data during our business relationship and upon its termination for a minimum period of seven years. The data storage period may be extended upon the request of a relevant authority.

12. PRIVACY CONCERNS

If you have a concern or inquiry about the use of your personal information (you think Eightcap has breached this Privacy Policy or any applicable legislation, you can contact us using the details below:

Email: global@eightcap.com