Introduction

Welcome to FXhome Limited's privacy notice. FXhome Limited shall be referred to as “FXhome”, “we”, “us” and “our” throughout this privacy notice.

FXhome respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you purchase our software or access digital services when you visit our website (regardless of where you visit it from), or when you provide us with personal data in other ways. This policy will tell you about your privacy rights and how the law which FXhome is subject to protects you.

Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

  1. Important information and who we are
  2. The data we collect about you
  3. How your personal data is collected
  4. How we use your personal data
  5. Disclosures of your personal data
  6. International transfers
  7. Data security
  8. Data retention
  9. Your legal rights
  10. Glossary

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how FXhome collects and processes your personal data when you purchase our software or access digital services and through your use of this website, including any data you may provide through this website when you log-in to your account, make a purchase, or make an enquiry.

Please note that our software and this website is not intended for use by children under the age of 13. We do not knowingly license our software or sell our digital services to children or collect data relating to children. If you are under the age of 13 we would kindly ask you not to use this site and our services.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

FXhome is the controller and is responsible for your personal data.

We have appointed a data compliance manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data compliance manager using the details set out below.

Contact details

Our full details are:

Full name of legal entity: FXhome Limited

Email address: privacy@fxhome.com

Postal address: Suite 4 St Giles House, 27 St Giles Street, Norwich, Norfolk, NR2 1JN

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 23rd May 2018

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data

We may collect, use, store and transfer different kinds of personal data about you and we have grouped together the personal data that we may collect, use, store and transfer as follows:

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific software feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not knowingly or actively collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we knowingly or actively collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you (for example, to provide the software products you have ordered), and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this instance we may not be able to provide the products, but we will notify you if this is the case at the time.

3. How your personal data is collected

We use different methods to collect data from and about you including through:

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

See below to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us directly, via your account or by clicking the link at the bottom of our marketing emails.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer and set up a new customer account (a) Identity
(b) Contact
(c) Account
(a) Performance of a contract with you
(b) Necessary for our legitimate interests
To provide the software and digital services you have ordered including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (for example, to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or responding to an enquiry
(a) Identity
(b) Contact
(c) Account
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to analyse how customers use our products)
To assist you in your use of the software, to administer and protect our business and this website (including fault reporting, fixing issues, troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Technical
(f) Account
(g) Usage
(a) Necessary for our legitimate interests (for the proper performance of our software, for the running of our business, security)
(b) Performance of a contract with you.
To deliver relevant website content to you (a) Identity
(b) Contact
(c) Account
(d) Usage
(e) Technical
Necessary for our legitimate interests (to analyse how customers use our website, to develop it and to inform our marketing strategy)
To use data analytics to improve our website, products, marketing, customer relationships and experiences (a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Technical
(f) Account
(g) Usage
(h) Marketing and Communications
Necessary for our legitimate interests (to define types of customers for our products, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To deliver advertisements and marketing communications to you and to make suggestions and recommendations to you about products that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Account
(f) Marketing and Communications
(a) Consent (b) Necessary for our legitimate interests (to develop our products and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Account Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and offers may be relevant for you.

You may receive marketing communications from us if you have requested information from us or purchased products from us and, in each case, you have provided us with your consent to receive such communications and not opted out of receiving that marketing.

Third-party marketing

We may occasionally use a third party such as SurveyMonkey or Mailchimp to help us administer our customer surveys or marketing communications however we will only do so where we are confident that appropriate safeguards and measures are in place. Outside of that we will get your express opt-in consent before we share your personal data with any company outside FXhome for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages by contacting us directly, via your account or by clicking the link at the bottom of our marketing emails.

Where you opt-out of receiving these marketing messages, we will remove you from further communications as soon as possible. Please note that opting-out will not mean that we delete all data that we hold about you as we will still need to retain this information for our records and pursuant to our legitimate business interests.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us directly, via your account or by clicking the link at the bottom of our marketing emails.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

External Third Parties listed below and also as set out in the Glossary.

Amazon Web Services We use Amazon Web Services for our cloud hosting requirements and back-up services. The legal basis for sharing this data is our legitimate interests, namely the proper performance of our software and our business administration. Further information can be found here: aws.amazon.com/blogs/security/all-aws-services-gdpr-ready/
Google Suite We use Google Suite to develop our software. The legal basis for sharing this data is our legitimate interests, namely the proper performance of our software and our business administration. Further information can be found at google.com/intl/ALL/policies/privacy/index.html
Datto Inc. We use Datto's Backupify software as a backup solution to keep the information and data which we store in Google Suite and in the cloud safe and protected against loss. The legal basis for sharing this data is our legitimate interests, namely to ensure the security of our business information.
Mouseflow We use Mouseflow to analyse the use of our website. Mouseflow gathers information about website use by means of cookies and other technologies. The legal basis for sharing this data is our legitimate interests, namely the proper performance of our website. Further information can be found at: mouseflow.com/gdpr/
Survey Monkey / Mailchimp We may occasionally use a third party such as SurveyMonkey or Mailchimp to help us administer our customer surveys or marketing communications. The legal basis for sharing this data is our legitimate interests namely to promote our software and digital services.
Sendgrid Inc. We use Sendgrid to help us administer our newsletters. The legal basis for sharing this data is our legitimate interests namely to promote our software and digital services.
Google Adwords, Facebook and AdRoll Inc We use Facebook, Google AdWords and AdRoll’s growth platform in order to help focus and deliver our marketing efforts. The legal basis for this is consent and our legitimate business interests.
Google Analytics We use Google Analytics to analyse the use of our website and our digital services. The legal basis for sharing this data is our legitimate interests, namely the proper performance of our website and our digital services. Further information can be found at google.com/intl/ALL/policies/privacy/index.htm

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We transfer your personal data outside the European Economic Area (EEA). The third parties listed in section 5 above are situated in the United States and have servers and offices located in the United States. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of the United States. Transfers to the United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission in the EU-US Privacy Shield.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available on request by contacting us.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

If you wish to exercise any of the rights set out above, please contact us.

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

External Third Parties (in addition to those listed in clause 5)

11. YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products to you. We will advise you if this is the case at the time you withdraw your consent.