At David James Markets.com, we understand how important it is to protect your personal information. This document sets out our privacy policy commitment in respect to information we hold about you and what we do with that information. We recognise that any personal information we collect about you will only be used for the purposes we have collected it or as allowed under the law. It is important to us that you are confident that any personal information we hold about you will be treated in a way which ensures protection of your personal information. Our commitment in respect of personal information is to abide by Privacy Principles for the protection of personal information, as set out in the relevant laws of most countries.

Before using any services offered by David James Markets and submitting any personal data, you should familiarize yourself and agree with the principles and conditions set forth in this policy. You can acknowledge the given terms voluntarily by ticking a corresponding checkbox on the initial Trader’s Room registration form.

1. TERMS AND DEFINITIONS

1.1 Client – means any individual or a legal entity who has expressed a desire to use, who is using or who has used David James Markets for investment services until termination of Client relationship.

1.2 Client Data – any sort of information, including personal data known by David James Markets regarding the Client. With legal entity Clients, David James Markets   processes legal entity’s representative’s, beneficiaries and other related persons personal data to the extent required by law. The various categories of Client Data are specified in section 4 of this document.

1.3 Processing of Client Data – means any action that is performed with the Client data, including personal data that is gathered, recorded, structured, safekept, changed, forwarded, deleted, archived, etc.

1.4 Data Controller – David James Markets as a Brokerage providing the Client investment service acts as a Data Controller with Client’s Data.

1.5 Authorised Data Processor and/or other Third party – David James Markets  may also use authorised external third-party processors for Client Data processing, based on concluded service agreements, which are governed by instructions from David James Markets for the protection of Client related data. David James Markets LLC  shall ensure that such data processors process Client Data only in accordance with instructions from David James Markets and in conformity with the requirements for data protection.

2. GENERAL PRINCIPLES

2.1 Processing of Client Data at David James Markets takes place in accordance with requirements set in the relevant laws that are applicable in Antigua and Barbuda from time to time.

2.2 David James Markets takes reasonable steps to protect your personal information by storing it in a secure environment. In order to prevent unauthorised access or disclosure, David James Markets  has put in place suitable physical, electronic and managerial procedures to safeguard and secure the collected information. David James Markets also takes reasonable steps to protect any personal information from misuse, loss and unauthorised access, modification or disclosure.

2.3 David James Markets is entitled to unilaterally amend the given policy at any time by notifying the Clients not later than 14 days prior of any significant amendments via the David James Markets website, or email in issues not regulated by this policy, Terms of Business shall apply.

2.4 David James Markets will not sell or lease your personal information to third parties.

3. BASIS FOR PROCESSING CLIENT DATA

3.1 The customer consents to the processing of his or her personal data for one or more specific purposes.

• processing is necessary for the performance of the Client agreement to which the Client is a party or in order to take steps at the request of the data subject prior to entering into a Client agreement;
• processing is necessary for compliance with a legal obligation to which David James Markets is subject to;
• processing is necessary for the purposes of the legitimate interests pursued by David James Markets or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Client which require protection of personal data.

3.2 David James Markets legitimate interests are expressed in furtherance of its own operating activity in offering Clients better services and products, developing its own products, ensuring data and information security and performance of general legal obligations set forth in legal acts.

3.3 On the basis of consent for Processing of Client Data, David James Markets shall ask for consent, e.g., on relevant applications and requests, and will enable the Client to provide its consent voluntarily.

4. CATEGORIES OF CLIENT DATA

4.1 David James Markets has the right and the duty by virtue of its area of activity to check the accuracy of the Client data contained in the databases by periodically asking the Client to review and/or correct or confirm the accuracy of the Client data pertaining to the Client. David James Markets.

4.2 David James Markets gathers Client Data mainly from the Client (EG applications and requests, in the course of Client interaction) and in the course of use of the services by the Client (e.g. execution of payments and transfers, forwarding of securities orders, performance of contracts etc).

4.3 David James Markets also obtains and verifies Client Data from Third Parties, such as:

• public and private registers (EG Population Register, Business registries, Credit information registries and other authorised processors). David James Markets uses data obtained from registries and authorised processors for verifying and updating Client Data;
• correspondent banks, foreign brokers and other business partners if the Client has provided consent to our business partner for this purpose or the sending of data is permitted by legal acts. David James Markets uses these data mainly for enabling provision of service to Clients (EG foreign payments and investment services)

4.4 The following is a list of the types of Client Data and the main purposes for which David James Markets processes Client Data.

Client Data	Purpose for processing
1. Personal Data(e.g. name, personal identification code, date of birth, data on the identity document)	Identification of Client
2. Contact details(e.g. telephone, email, address, language of contact)	Client interaction Marketing
3. Data on tax residency (e.g. country of location, taxpayer identification number, citizenship)	Gathering and reporting tax-related information
4. Data on area of activity (e.g. profession, education, data on employer)	Evaluating the Client’s creditworthiness for payments on the trading account
5 financial information (e.g. income, obligations, liquid assets, planned initial deposit amount)	Evaluating the Client’s creditworthiness for payments on the trading account
6 Information about the creditworthiness of clients and the origin of their assets and wealth. (e.g., information about payment history, information about money laundering, terrorist financing or organized crime, information about employers, partners, transactions, ownership interests, sources of income, information about business activities. related parties, regardless of whether the customer is an individual)	Compliance with due diligence requirements
7 Information about customer expertise (such as customer investment knowledge and experience, educational achievements, career, investment goals)	Assessing the suitability and suitability of products, services and securities offered to clients and assessing their expertise.
8 Securities related information (such as securities transactions and orders, securities volume, transaction volume, transaction value, LEI code)	Reporting and investigating transactions on the nature of abuse and reporting suspicious transactions
9. Communication Data (communication held via electronical means, phone recording, visits to office)	Compliance with due diligence requirements Security risk management
10 Information on Customer Satisfaction and Satisfaction Behaviors (such as customer status, information about using the service, customer inquiries and complaints, questionnaire comments)	Product and Service Development
11 Customer information (e.g. demographics)	Direct Marketing, Campaigning, Webinars and Seminars
Information obtained from fulfilling obligations arising from legislation. (EG information arising from investigations by investigative agencies, documentary staff, tax authorities, courts, bailiff investigations)	Cooperation with regulators and other government institutions, the implementation of necessary measures such as confiscated accounts.
13. Data related to participation in consumer games and campaigns (EG data on prizes won in investment games and other consumer games and points collected in campaigns)	Compliance with campaign terms (eg payouts of amounts won) direct marketing (e.g. send invitations to attendees, reminders, etc.)
14 Information about the customer’s family and/or related persons (such as information about the family of customers, heirs and other related persons (Applies only if the Customer is associated with a politically disclosed person or the Customer is deceased. Also, whether the Customer is a politically disclosed person or not).	Compliance with due diligence requirements
15 Information on the part of the website that the customer visits	Risk management, monitoring and investigating to counter fraud (e.g. payment fraud)

 

4.5 Regarding direct marketing (such as company news, information about campaigns and other similar updates to enhance the customer’s knowledge of the financial markets, etc.), the Client has the right to choose whether to receive relevant e-mails. with marketing or not. Such settings can be changed at any time through the Trader’s Room under the “Subscription” panel. It is also possible to unsubscribe from these marketing emails by clicking on the link within the received email.

5. FORWARDING OF CLIENT DATA

5.1 David James Markets has the right or a legal obligation to forward Customer Data to the following Third Parties:

• Law enforcement authorities, such as bailiffs, notary offices, tax authorities, supervision authorities and financial intelligence units upon request. David James Markets can also contact relevant authorities in case the Client is in breach of the Client agreement.
• Designated service providers or third-party administrators may be required from time to time if necessary for the provision of trading platform administration services or customer or technical support experiences.
• Institutions that provide financial services such as banks, payment systems, institutions that participate in commercial or settlement operations, payments and reporting cycles. (For example, a regulated market, such as a job site.)
• Auditors, legal and financial consultants.
• Third party in charge of registration (such as credit registration, population registration, commercial registration, securities registration, or any other register that holds or intermediaries’ customer data).
• Other persons related to the provision of services of David James Markets LLC , such as service providers used for archiving data and postal services.
• Service providers that provide information and infrastructure systems to David James Markets.
• identity verification service
• David James Markets may share Client Data in the event of a merge, sale, restructure, acquisition, joint venture, assignment, transfer or other disposition of all or any portion of David James Capital LLC Investments` Ltd business, assets or stock (including in connection with any bankruptcy or similar proceedings).

5.2 When using third party service providers (Authorised Processors) for Processing of Client Data, David James Markets LLC  shall ensure that such data processors will process Client Data only in accordance with instructions from David James Markets and in conformity with the requirements set for data protection. Authorised Processors must have sufficient level of data protection that would ensure secure data transmission.

6. PROFILE ANALYSIS

6.1 David James Markets analyses data from a client´s profile mainly for the purpose of marketing its services and products based on David James Markets Investments and legitimate interest. Profile analysis is also used for assessing client related risks for the prevention of money laundering and terrorism financing. Such data processing takes place in order to fulfill its legal obligations as an investment firm.

7. CLIENT DATA RETENTION

7.1 David James Markets shall not process Client Data for longer than necessary for performing the objectives of the Processing, including for complying with the duty, set forth in legal acts, to retain data and for resolving disputes arising from agreement(s) entered into with the Client or for resolving potential disputes. David James Markets shall preserve Client Data, who has entered into a Client agreement for receiving the investment services, for at least seven years following the termination of the Client relationship, unless other terms for the preservation of data or documents are prescribed by law.

7.2 In general, David James Markets shall retain Client’s Data until the end of the statute of limitations.

8. RIGHTS OF THE CLIENT

8.1 David James Markets respects Clients’ rights to access and control their personal data. David James Markets will respond to requests concerning personal data processing and, when applicable, give access to, correct or delete personal data. Clients have access to review their submitted data in Trader’s Room. The Clients have the right to:

• receive information on whether David James Markets is processing their personal data and if so, the right to receive information what kind of data is being processed (also visible in Trader’s Room) and how long the data is retained;
• Request correction of personal data if data is altered or inaccurate (can be seen in the Trader`s Room).
• The use of contact information for newsletters and offers by email or telephone number is prohibited for marketing purposes. The Client can change the settings for receiving such notifications in the Trader Room when selecting `Subscriptions` from the newsletters and offers. The Client can unsubscribe directly from the email received.
• demand cessation of Processing of Client Data if the Processing occurs to be executed unlawfully, meaning that David James Markets lacks the legal basis for processing such data. David James Markets has no right to process the Client Data unless David James Markets LLC Investments` Ltd interests outweigh the potential restriction of the Client’s rights (EG performance of general legal obligations);
• demand deletion of their personal data if David James Markets lacks the right to process such data or processes the data on the basis of the Client’s consent and the Client withdraws the consent. The deletion cannot be requested in an extent to which David James Markets has the right or obligation to process personal data (EG for complying with legal obligations, performing a contract, exercising its legitimate interest). The request to delete an individual’s personal data will result in the closure of their account(s), removal of their data from active processing and a termination of the Client relationship;
• receive a copy of the personal data that the Client has submitted to David James Markets and which are being processed on the basis of consent or for performance of Client agreement, in a universal electronically readable format, and if technically possible, forward the data to another service provider. In case of the forwarding of data to a third party, clear written instructions from the Client must be received and verified. The Client must acknowledge that data portability can only be executed with data that has been gathered for the conclusion of Client agreement or has been gathered based on the consent given by the Client;
• object decisions that have been assumed automatically without human interaction.

9. CONTACT DETAILS

9.1 If you have any questions about David James Markets data processing principles or you are dissatisfied with how David James Markets has dealt with your personal information, you may contact us for answering your questions and/or resolving your concerns. The general contact details are available on the website: www.davidjamesmarkets.com selecting the ‘Contact Us page.

9.2 David James Markets will acknowledge your complaint within 7 days. David James Markets will provide you with a decision on your complaint within 30 days.