Privacy Policy

FXCM is a provider of online foreign exchange (FX) trading, CFD trading, and related services. FXCM is located in Australia, and has partners and affiliates in the major financial centres of the world. For more information about FXCM, please see the About FXCM section of our website.

The personal information that we may collect about you broadly falls into the following categories:

INFORMATION THAT YOU PROVIDE VOLUNTARILY

You are required to give us your identity, contact and financial data etc. by filling in forms or by corresponding with us by post, phone, commercial electronic message or otherwise. This includes personal information you provide when you:

• Apply for our products or services
• Create an account on our website
• Subscribe to our or related third party service or publications
• Request marketing to be sent to you
• Enter a competition, promotion or survey
• Give us some feedback

In addition to the above, certain parts of our website may ask you to provide personal information voluntarily (for example, to subscribe to marketing communications from us and/or to submit enquiries to us). The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

INFORMATION THAT WE COLLECT AUTOMATICALLY

When you visit our website, we may collect certain information automatically from your device. The information may be considered personal information under applicable data protection laws.

Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (for example, country or city-level location) and other technical information. We may also collect information about how your device has interacted with our website and commercial electronic message, including the pages accessed and links clicked.

Collecting this information enables us to better understand the visitors who come to our website, where they come from, and what content on our website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our website to our visitors.

Some of this information may be collected using cookies and similar tracking technology. For detailed information on the cookies we use and the purposes for which we use them, see our Cookie Policy.

INFORMATION THAT WE OBTAIN FROM THIRD PARTY OR PUBLICLY AVAILABLE SOURCES

From time to time, we may receive personal information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

We use the information we receive from these third parties to enhance the services we provide to you, such as providing curated content that is relevant to services we provide you or topics you are interested in.

We may disclose your personal information to the following categories of recipients:

• to our group companies, third party services providers and partners who provide services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our website), or who otherwise process personal information for purposes that are described in this Privacy Policy or notified to you when we collect your personal information.
• to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.
• to a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy.
• to any other person with your consent to the disclosure.

Our purpose for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect vital interests.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If you have questions about or need further information concerning how we collect and use your personal information, please contact us.

SERVING YOU AS A CLIENT

Type of Data: Identity, Contact Details, National Identifier, Socio-demographic, Transactional, Financial, Contractual, Documentary Data, Communications with you

ADMINISTERING OUR OPERATIONS AND BUSINESS

Type of Data: Transactional, Financial, Contractual, Technical, Locational, Usage Data

MANAGING RISK, FINANCIAL CRIME PREVENTION, RESPONDING TO REGULATORY REQUIREMENTS AND LEGAL CLAIMS

Type of Data: Transactional, Financial, Identity

MARKETING

Type of Data: Contact, Consents, Locational, Technical, Behavioural, Communications

We use appropriate technical and organisational measures to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. In particular, we:

• Hold personal information in secure facilities and where the information is held electronically, on secure servers.
• Use encrypted transmission links whenever we can.
• Use other safeguards such as firewalls, authentication systems (e.g., passwords), and access control mechanisms to control unauthorised access to systems and data.
• Regularly review our information collection, storage and processing practices, including physical security measures, to guard against unauthorised access to systems.
• Restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict contractual confidentiality obligations. FXCM may discipline or terminate individuals who maliciously acquire information, without being entitled to its access.

Some of the cookies that FXCM sets when you visit any of our websites are essential to the working functionality of the site. Without these cookies, you would not be able to chat online, fill out a trading application, or deposit funds. Performance cookies are another type of cookies FXCM uses to provide with you a better user experience and to improve how content on our website is presented. Marketing cookies are also set usually by third party advertising networks to ensure we are providing you with targeted adverts more relevant to you and your interests. If you do not want to receive non-mandatory cookies, you can manage your preferences here.

Subject to certain conditions, we may transfer your personal information to a third party in countries outside Australia in accordance with the purposes set out in this Privacy Policy. In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means. These include putting in place data transfer agreements for transfers of personal information between our group companies, which require all group companies to protect personal information they process from Australia in accordance with data protection law. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

Your personal information will be retained for as long as it is necessary to carry out the purposes set out in this Privacy Policy (unless longer retention is required by law). However, we will not retain any of your personal information beyond this period and the retention of your personal information will be subject to periodic review. We may keep an anonymised form of your personal information, which will no longer refer to you without time limits, to the extent that we have a legitimate and lawful interest in doing so.

Subject to certain conditions, data protection law provides individuals with rights, including the right to: access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of, their personal information. Individuals also have the right to lodge a complaint with the relevant information protection authority if they believe that their personal information is not being processed in accordance with the law. Further information about your rights is set out below:

• Right to obtain a copy of your personal information. You have the right to obtain a copy of the personal information we hold about you.
• Right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete personal information. We will then correct out records, and notify any third parties to whom such personal information may have been transmitted as described above.
• Right to data portability. You may request a copy of all personal information you have provided to us after which we will transmit those data to another data controller of your choice.
• Right to opt-out of marketing communications. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing electronic mail communications we send you, or for SMS communications reply with "FXSTOP".
• Right to withdraw consent. You may withdraw your consent to the processing of your personal information at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your personal information is essential.
• Right to object to processing. You may request that we stop processing your personal information. Please note you may not be able to benefit from certain service features for which the processing of your personal information is essential.
• Right to erasure. You may request that we erase your personal information and we will comply, unless there is a lawful reason for not doing so.
• Your right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your personal information. However, you do have the right to contact the relevant supervisory authority directly. To contact the Australian Financial Complaints Authority, please visit the AFCA's website for instructions here. Please note that AFCA will not consider a complaint until we have had the opportunity to address the complaint.

If you wish to exercise any of these rights, please visit the dedicated page here. Please note that you may be required to prove your identity for us to service you. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

We may update this Policy from time to time in response to changing legal, technical or business developments. When we update our Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make.

You can see when this Policy was last updated by checking the "last updated" date displayed at the top of this Policy.

Questions, comments and requests regarding your data or this privacy policy are welcomed and should be addressed to us at: dataprotection@fxcm.com.