This Policy applies to First Prudential Markets Pty Ltd ACN 112 600 281 (referred to as ‘FP Markets’, ‘we’, ‘our’, ‘us’) and extends to and covers all operations and functions of FP Markets’.
All third parties (including clients, suppliers, sub-contractors, or agents) that have access to or use personal information collected and held by FP Markets must abide by this Privacy Policy. FP Markets makes this Policy available free of charge.
This Policy outlines FP Markets’ obligations to manage and protect personal information. FP Markets is bound by the Australian Privacy Principles (‘APPs’) and the Privacy Act 1988 (‘Privacy Act’), and where applicable, the EU General Data Protection Regulation (GDPR). This Policy also outlines FP Market’s practices, procedures and systems that ensure compliance with the Privacy Act and the APPs, and where applicable, the GDPR.
Where the GDPR applies to your personal information, we will be the responsible controller for any personal information you provide to us in connection with your relationship with us.
We collect and hold the following kinds of personal information about individuals:
We generally collect personal information directly from the individual. For example, when an individual submits an account application form online, visits our website, calls us or sends us correspondence we will collect personal information. Sometimes we may collect personal information about the individual from a third party. When we are provided with personal information from a third party, we will take reasonable steps to ensure that the individual is or has been made aware of the matters set out in this Privacy Policy. We may also collect credit information about an individual from credit reporting bodies to assist us in assessing an individual’s application to open an account.
FP Markets will not collect sensitive information unless the individual has consented or an exemption under the APPs applies. These exceptions include if the collection is required or authorised by law or is necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.
If the personal information we request is not provided by an individual, we may not be able to provide the individual with the benefit of our services, or meet their needs appropriately.
FP Markets does not give individuals the option of dealing with them anonymously, or under a pseudonym, as FP Markets is required to identify all trading clients under the Anti-Money Laundering and Counter Terrorism Financing Act 2006. In addition, it is impracticable for FP Markets to deal with individuals who have no identified themselves or us a pseudonym.
Where your personal information is being collected under the GDPR, FP Markets will also take reasonable steps to make you aware of:
FP Markets may receive unsolicited personal information about individuals. FP Markets’ employees are required to notify the Privacy Officer of all unsolicited personal information received by them. We destroy all unsolicited personal information, unless the personal information is relevant to FP Markets’ purposes for collecting personal information.
The personal information we may collect and hold includes (but is not limited to) personal information about the following individuals:
If necessary, we will also collect information about individuals such as:
We may collect and hold the information about an individual for the following purposes:
FP Markets may use and disclose personal information for the primary purposes for which it is collected (set out in section 6 above), for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.
FP Markets will use your personal information for any of the following purposes:
Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless the individual agrees otherwise, or permitted by law.
We engage other people to perform services for us, which may involve that person handling personal information we hold. In these situations, we prohibit that person from using personal information about the individual except for the specific purpose for which we supply it. We prohibit that person from using the individual’s information for the purposes of direct marketing their products or services.
FP Markets will attempt to destroy or de-identify sensitive information wherever possible. We also undertake to take reasonable steps to destroy or de-identify all personal information about an individual when it is no longer needed.
We may disclose personal information to:
Where we are processing your personal information under the GDPR, we will process your personal information to the parties listed above, and the purposes for use listed above because:
The legal bases for processing of your personal information are set forth in Article 6 of the GDPR.
As a general principle, you will provide us with your personal data entirely voluntarily; there are generally no detrimental effects on you if you choose not to consent or to provide personal data. However, there are circumstances in which FP Markets cannot take action without certain of your personal data, for example because this personal data is required to process your orders, provide you with access to a web offering or newsletter or to carry out a legally required compliance screening. In these cases, it will unfortunately not be possible for FP Markets to provide you with what you request without the relevant personal data.
We are likely to disclose personal information to an individual’s introducing broker, who may be located outside Australia. It is impracticable to specify the countries in which these introducing brokers may be located, as this depends on the introducing broker the individual chooses to use. If an individual is unsure of the location of their introducing broker, they should contact their introducing broker or FP Markets for further information. We also use cloud data storage providers, and the servers which store individuals’ personal information are located in the United States of America. FP Markets may disclose personal information to other overseas recipients in the future, and the countries in which such recipients are likely to be located will be specified in this Privacy Policy (unless it is impracticable to do so).
We will not send personal information to recipients outside of Australia unless:
FP Markets recognises how important the security of personal information is to our clients. We will at all times seek to ensure that the personal information we collect and hold is protected from inference, misuse or loss, unauthorised access, modification or disclosure. FP Markets’ employees must respect the confidentiality of the personal information we collect. We hold all of your personal information in secure computer storage facilities and in paper-based files. In relation to our computer storage facilities, we apply the following guidelines:
We will hold your personal information as long as required to provide you with the products or services, products or information you have requested and to execute and administer your business relationship with us. We are also required to keep certain information (e.g. relating to business or tax relevant transactions) for certain retention periods under applicable law. Your personal information will be promptly deleted when it is no longer required for these purposes.
We may use third party service providers to assist us to promote our products and services to individuals. FP Markets does not use personal information for the purposes of direct marketing unless:
If the individual would not reasonably expect us to use or disclose the information for the purpose of direct marketing, we may only use or disclose that information for direct marketing if the individual has consented to the use or disclosure of the information for direct marketing or it is impracticable to obtain that consent.
In relation to sensitive information, FP Markets may only use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose. Individuals have the right to request to opt out of direct marketing and we must give effect to the request within a reasonable period of time.
Individuals may also request that FP Markets provides them with the source of their information. If such a request is made, FP Markets must notify the individual of the source of the information free of charge within a reasonable period of time.
If your personal information is being processed under the GDPR, where your permission is required for any marketing-related communication, we will only provide you with such information if you have opted in. You may opt out at any time if you do not want to receive any further marketing-related types of communication from us.
We will not use identifiers assigned by the Australian Government, such as a tax file number, Medicare number or provider number, for our own file recording purposes, unless one of the exemptions in the Privacy Act applies. FP Markets endeavours to avoid data-matching.
FP Markets is committed to ensuring that the personal information it collects, holds, uses and discloses is relevant, accurate, complete and up-to-date. We encourage individuals to contact us to update any personal information we hold about them. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless the individual agrees otherwise. We do not charge individuals for correcting the information.
Subject to the exceptions set out in the Privacy Act, individuals may gain access to the personal information that we hold about them by contacting the FP Markets’ Privacy Officer. We will provide access within 30 days of the individual’s request. If we refuse to provide the information, we will provide reasons for the refusal. An individual’s request for access to his or her personal information will be dealt with by allowing the individual to look at his or her personal information at the offices of FP Markets, or by providing copies of the information requested. We will require identity verification and specification of the information required. An administrative fee for search and photocopying costs may be charged for providing access.
Our Cookie Policy
Once a client visits our web site www.fpmarkets.com, campaign and advertising cookies will be placed on a client’s device so that we can track the client, measure advertising outcome along with recording client interest. Our marketing and advertising partners including Google, Marketo, Hotjar, Taboola and more enable us to record client interest on products, client tracking and conversions. Cookies used by us and our partners do not collect personal information such as name, email, address or phone number. Clients can disable cookies from their browser however we encourage them to keep cookies enabled for a better site experience and to receive targeted materials from us.
European Union
If you are located in the EU a resident of the European Union for the purpose of GDPR (General Data Protection Regulations, regulation 2016/679 of the European Parliament), then in addition to the above the following will apply to you.
If your personal information is being processed under the GDPR, where your permission is required for any marketing-related communication, we will only provide you with such information if you have consented to us sending you such communications. You can unsubscribe from receiving these communications at any time.
In addition to your rights above you may:
You have the right to complain to the relevant supervisory authority in your country. For example, if you are in the UK, you may contact the Information Commissioner’s Office via their website (www.ico.org.uk).
Our contact for the purpose of GDPR is set out below:
To: Group Data Protection Officer
109 Griva Digeni Street, 2nd Floor, Aigeo Court, Limassol, 3101, Cyprus
This Policy will be reviewed from time to time to take account of new laws and technology, and changes to our operations and the business environment.
It is the responsibility of management to inform employees and other relevant third parties about the FP Markets’ Privacy Policy, including any changes to the Privacy Policy. It is the responsibility of all employees and other relevant parties to ensure that they understand and comply with this Privacy Policy.
All new employees are provided with timely and appropriate access to FP Markets’ Privacy Policy. All employees are provided with opportunities to attend privacy training, which covers FP Markets’ obligations under the Act and the APPs.
Privacy breaches must be reported to management by employees and relevant third parties. Ignorance of the FP Markets’ Privacy Policy will not be an acceptable excuse for non-compliance. Employees or other relevant third parties that do not comply with FP Markets’ Privacy Policy may be subject to disciplinary action.
FP Markets must ensure that all contractual arrangements with third parties adequately address privacy issues. FP Markets will make third parties aware of this Privacy Policy. Third parties will be required to implement policies in relation to the management of an individual’s personal information in accordance with the Privacy Act. These policies include:
FP Markets are required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to verify your identity before we can provide you with financial products and services. Electronic verification allows us to verify your identity by using electronic tools and external data sources.
Electronic verification process
In order to verify your identity electronically, we will ask you for your details (such as your name, address, date of birth) and details of your identification documents. This information will be passed on to external organisations in order to electronically match your information with information on their databases. These organisations will assess and advise us whether all or some of the information you provided matches their records. We have an arrangement with Equifax Pty Ltd who completes electronic verification on our behalf.
The external data sources used to verify your identity include:
It is an offence under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to provide false and misleading information about your identity.
Parties we may share your personal information with
We may share your personal information with the following external organisations for the purposes of verifying your identity:
These organisations may use your personal information and personal information of other individuals, such as names, addresses and dates of birth, for the purposes of preparing their assessments.
Your agreement
By agreeing to our terms and conditions you affirm that:
FP Markets has an internal dispute resolution process in place to resolve any complaints or concerns you may have in relation to our handling of your personal information. Any complaints or concerns should be directed to the Privacy Officer. You can contact the:
Privacy Officer:
by telephoning – 1300 376 233
FP Markets will endeavour to resolve your complaint immediately. If this is not possible we will aim to resolve the problem within 21 days and provide you with our decision, and the reasons on which it is based, in writing.
If you are dissatisfied with the outcome, you have the right to lodge a complaint with the Office of the Australian Information Commissioner. You can contact the Office of the Australian Information Commissioner:
You have the right to complain to the relevant supervisory authority in your country. For example, if you are in the UK, you may contact the Information Commissioner’s Office via their website (www.ico.org.uk).
Subject to the Privacy Act 1988 FP Markets is required to comply with the Notifiable Data Breaches (NDB) scheme, and where the GDPR is applicable, the data breach notification provisions in the GDPR. NDB applies to TFN recipients of which FP Markets would be considered.
Should any staff member become aware of any possible data breach where confidential data such as TFN’s may have been accessed without the known consent of FPM then this must be immediately reported to the Compliance Manager.
The Compliance Manager, in conjunction with Senior Management, will investigate the matter and if necessary obtain legal advice. Should it be considered that serious harm could arise from the breach then appropriate will be made in accordance with the Act.
By supplying your email you agree to FP Markets privacy policy and receive future marketing materials from FP Markets. You can unsubscribe at any time.
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