NOTICE OF PRIVACY POLICY

IS Prime Limited*, IS Prime Hong Kong Limited, IS Prime Markets Limited and IS Risk Analytics Inc. (“IS Prime” or “us” or “we”)provide trading facilities in over-the counter spot foreign exchange, precious metals and index swaps (“Services”) to Professional Clients and Eligible Counterparties (“Clients” or “you” or “your”). IS Prime is committed to protecting your privacy and maintaining the confidentiality and security of your personal information. Any personal information processed by IS Prime is controlled by us as the data controller of your personal information. Where your details are provided to us as a result of us providing Services to you, then IS Prime, acting as a data controller, may itself or through a third party acting on our instruction, process your personal information or that of your directors, officers, employees and/or beneficial owners.

This policy (the “Privacy Policy”) explains the manner in which IS Prime collects, utilizes and maintains personal information (“personal information”) about Clients (i) based in the United Kingdom (“UK”), European Union (“EU”) or the European Economic Area (“EEA”), as required under the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the UK Data Protection Act 2018 (“DPA”) and/or (ii)pursuant to, and in accordance with, the Cayman Islands Data Protection Law, 2017 (the “DPL“), together referred to as the “Data Protection Laws”. With respect to IS Risk Analytics, the Privacy Policy complies with the Commodity Futures Trading Commission (“CFTC”) and National Futures Association (“NFA”) Privacy Rules.

In our use of personal information, we will be characterised as a “data controller” for the purposes of the Data Protection Laws, to the extent applicable. Our affiliates and delegates may act as “data processors” for the purposes of the Data Protection Laws.

Collection of Client personal information

IS Prime collects personal information about Clients, such as Clients’ names, contact details and financial information, from the following sources:

• account and on-boarding forms, and other information provided by the Client in writing, in person, by telephone, electronically or by any other means. This information includes but is not limited to name, address, contact information, nationality, employment information, and financial and investment qualifications;
• transactions, including account balances and other interactions with IS Prime (for example, discussions with our employees); and
• verification services and consumer reporting agencies, including (but not limited to) a Client’s creditworthiness or credit history.

Why we use Clients’ personal information

Your personal data may be processed by IS Prime:

• to facilitate the opening of your account with us and the management and administration of your account on an on-going basis for contractual purposes;
• in order to carry out anti-money laundering (“AML”) checks and related actions which we consider appropriate to meet any legal obligations imposed on us relating to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with IS Prime’s AML procedures;
• to comply with its legal obligations and, in particular, to report tax-related information to tax authorities;
• to monitor and record calls and electronic communications (i) for processing and verification of instructions, (ii) for investigation and fraud prevention purposes, (iii) for crime detection, prevention, investigation and prosecution, (iv) to enable IS Prime to enforce or defend any legal and administrative proceedings, regulatory investigations or enforcement actions, or (v) where the processing is in the public interest;
• to monitor and record calls for quality, business analysis, training and related purposes in order to pursue the legitimate interests of IS Prime to improve its service delivery;
• to retain AML and other records of individuals to assist with the subsequent screening of them by IS Prime to comply with IS Prime’s legal obligations;
• to pursue IS Prime’s legitimate interests, where such interests are not overridden by your interests, fundamental rights or freedoms, including:
  • managing the Services;
  • managing our business needs;
  • complying with applicable laws.

Disclosure of personal information

IS Prime may share personal information about Clients or potential Clients with affiliates and non-affiliated third parties, as permitted by law (for example, we may share personal information with service providers, and other third party service providers engaged by IS Prime in order to process the data for the above mentioned purposes). Such service providers are contractually restricted from using Client information in any manner other than as mentioned above.

IS Prime may share personal information, without a Client or potential Client’s consent, with affiliated and non-affiliated parties in the following situations, among others:

1. To respond to any legal and administrative proceedings, regulatory investigations or enforcement actions;
2. In connection with a proposed or actual sale, merger, or transfer of all or a portion of its business;
3. To protect or defend against fraud, unauthorized transactions (such as money laundering), lawsuits, claims or other liabilities;
4. To service providers in connection with the administration and operations of the account, which may include brokers, attorneys, accountants, auditors, technology providers, administrators or other professionals;
5. To assist IS Prime in offering IS Prime affiliated products and services to its Clients; and
6. To process or complete transactions requested by a Client.

IS Prime may disclose your personal information to competent authorities (including tax authorities), courts and regulatory bodies as required by law or requested or to affiliates for internal investigations and reporting.

Making a Complaint

If you would like to make a complaint about the way IS Prime has collected or used your personal information, please contact us at dataprivacy@isprimefx.com .

You have the right to lodge a complaint with (i) the Information Commissioner’s Office (“ICO”) if you consider that the processing of personal data relating to you carried out by IS Prime or its service providers infringes the DPA, (ii) a supervisory authority in the EU Member State of your habitual residence or place of work or in the place of the alleged infringement if you consider that the processing of personal data relating to you carried out by IS Prime or its service providers infringes the GDPR or (iii) the Ombudsman’s office of the Cayman Islands if you consider that the processing of personal data relating to you carried out by IS Prime or its service providers infringes the DPL.

If you are located in the EEA, our European representatives are:

Michalis Fieros (email: Michalis@ldlaw.com.cy) and George Taoushanis (email: Georget@ldlaw.com.cy)