Privacy Policy

Last Updated: 8 June 2018

Forex Capital Markets ("FXCM") respects each individual's right to privacy. We value our relationship with you, and we take pride in maintaining loyalty and respect with each individual client by providing you with security. This Privacy Policy ("Policy") applies to personal information that we collect through our website at FXCM Markets as well as any other related sites and applications. This Policy does not apply to websites operated by other organizations and other third parties. The Policy also applies to personal information that we collect when you use or interact with our services through any correspondence made with us by phone, e-mail or otherwise. The Policy aims to inform you about the type of information we gather, who we share it with, what we use it for, how we keep it secure and what your data privacy rights are.

If you have any questions or concerns about our use of your personal information, please contact us.

Collection

In accordance with applicable Anti-Money Laundering and Counter-Terrorism Financing regulations and laws, FXCM has an obligation to collect information and verify the identity of its clients. This information is referred to as Know Your Client information or KYC information. Specifically, the information we collect for KYC identification may include identity, contact details, National Identifier, Socio-demographic, transactional, financial, contractual, documentary data, etc. FXCM will carry out its customer identification and verification procedures.

When submitting a Client's application form to open a live or demo account with FXCM, the Client will be providing entities within the FXCM group of companies (collectively, the "FXCM Group"), and its affiliated entities with the Client's personal information. By applying for and/or opening a live or demo FXCM account, the Client acknowledges and agrees that their consent is voluntarily provided to the FXCM Group and its affiliated entities including FXCM Markets Limited. Personal information is any information about the Client, that identifies the Client or by which the Client's identity can reasonably be ascertained. Where information is collected from someone other than the client, the FXCM Group will take reasonable steps to ensure the client is aware that such information has been collected, and of the circumstances of the collection.

FXCM will also maintain records of all transactions and activities on the Client's account(s), including, but not limited to, details of liquidations on the Client's account(s). FXCM may also collect information about the Client from publicly available sources such as company registers. At any time, upon request, the Client may gain access to the information FXCM holds about the Client. FXCM may also record telephone conversations between the Client and persons working for FXCM. Such recordings, or transcripts from such recordings, may be used to resolve any dispute between the Client and FXCM and with a view to satisfying FXCM's statutory obligations including requests from regulators and other government bodies. FXCM will also collect and hold information about the Client when the Client completes an online application or other type of form or operates and deals on the Client's Account through FXCM's websites.

FXCM may collect sensitive information about a Client if:

  • The collection is required or authorised by applicable laws or court/tribunal order;
  • The client consents to the collection and the information is reasonably necessary for FXCM's functions and activities;
  • FXCM reasonably believes that collection is necessary to lessen or prevent a serious threat to the life, health or safety to an individual or the public, and it is unreasonable or impracticable to obtain the clients' consent to the collection;
  • FXCM has reason to suspect that unlawful activity or misconduct of a serious nature that relates to FXCM's functions or activities is being or may be engaged in;
  • FXCM believes that the collection is reasonably necessary to assist to locate a person who has been reported as missing.

The Client need not give FXCM any of the personal information about the Client requested in the application forms. However, without that information FXCM may not be able to open an account for the Client and/or provide services to the Client. While FXCM make every effort to ensure that all information FXCM hold about Client is accurate, complete and up to date, Client need to notify FXCM promptly if there are any changes to your personal information. Should the Client have any questions or complaints about the Client's privacy, the Client should contact FXCM. 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.

When you visit our website, we may collect certain information automatically from your device. In some countries, including countries in the European Economic Area (EEA) and PRC, this 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, 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.

Access and Correction

The Client can gain access to his/her personal information that FXCM holds about the Client by electronically mailing to compliance@fxcm.com. FXCM will process the Client's request usually within 14 days. If the Client's request is complex, more time may be needed in which case FXCM will advise the Client of the extra time required. There is no fee for requesting access to the Client's information, although FXCM may charge the Client the reasonable cost of processing the Client's request. In some circumstances the law may allow FXCM to deny the Client access. Access may also be denied if FXCM has reason to suspect that unlawful activity or misconduct of a serious nature relating to FXCM's functions and activities may be engaged in, and if giving access would be likely to prejudice any appropriate action. In such a case FXCM will explain to the Client the reason for refusing access unless it would be unreasonable to do so, other regulatory matters, and the complaint mechanisms available. FXCM may take reasonable steps to give access in a way that meets the needs of FXCM and the client if possible.

FXCM requires Clients to promptly notify FXCM in writing of any changes to the personal information that FXCM holds about the Client. This will ensure that the Client's personal information held by FXCM is up to date and enable FXCM to keep the Client informed of the continuing circumstances of the Client's account(s), the Client's Margin obligations and the Client's trading activities. The Client may contact FXCM at any time during service hour to correct personal information held by FXCM about the Client which the Client believes is inaccurate.

Should FXCM disagree with the Client as to the accuracy of the information, the Client may request that FXCM attach a statement to that information noting that the Client considers it inaccurate or incomplete. FXCM will provide the client with written notice if it refuses to correct the personal information, which will set out the reason for refusal (unless this would be unreasonable), the mechanisms available to complain about the refusal, and any other relevant matters.

If FXCM is satisfied that the information is inaccurate, out-of-date, incomplete or irrelevant or misleading, FXCM will take all reasonable steps to correct the personal information to ensure that it is accurate, up-to-date, complete, relevant and not misleading.

Sharing Information With Our Affiliates

We may share personal information described above with our affiliates for business purposes, such as, but not limited to, servicing customer accounts and informing customers about new products and services, or to aid in the trading activity of the company, its affiliates, or employees, and as permitted by applicable law. Our affiliates may include companies controlled or owned by us as well as companies that have an ownership interest in our company. The information we share with affiliates may include any of the information described above, such as your name, address, trading and account information. Our affiliates maintain the privacy of your information to the same extent FXCM does in accordance with this Policy.

Sharing Information With Third Parties

FXCM does not disclose your personal information to third parties, except as described in this Policy. Third party disclosures may include sharing such information with non-affiliated companies that perform support services for your account or facilitate your transactions with FXCM, including those that provide professional, legal, or accounting advice to FXCM. Non-affiliated companies that assist FXCM in providing services to you are required to maintain the confidentiality of such information to the extent they receive it and to use your personal information only in the course of providing such services and only for the purposes that FXCM dictates. FXCM may aggregate data on an anonymous basis about its clients' trades and disclose such data to third parties.

We may also disclose your personal information to third parties to fulfill your instructions or pursuant to your expressed consent. We want you to know that FXCM will not sell your personal information.

Under limited circumstances, FXCM may disclose your personal information to third parties as permitted by, or to comply with, applicable laws. For example, we may disclose personal information to cooperate with law enforcement agencies to comply with subpoenas or other official requests, and as necessary to protect our rights or property. Except as described in this privacy policy, we will not use your personal information for any other purpose, unless we describe how such information will be used at the time you disclose it to us or we obtain your permission.

Direct Marketing

FXCM intends to use your personal information (other than sensitive information) for direct marketing investment products and services and FXCM requires your consent for that purpose. By applying for and/or opening a live or demo FXCM account, you acknowledge and agree that your consent is voluntarily provided to FXCM. If you do not wish to use your data for use in direct marketing as described in this policy, you may exercise your right to opt-out by notifying FXCM in writing or by selecting/clicking the unsubscribe or opt-out link in the marketing emails we send you.

In regards to sensitive information, FXCM will obtain the consent of the client before using or disclosing sensitive information for the purposes of direct marketing.

Where a Client would not reasonably expect their personal information to be used for direct marketing, or the information has been collected from a third party, FXCM may use or disclose this personal information for the purposes of direct marketing if the client has consented to the use or disclosure for this purpose (or if it is impracticable to seek this consent), and FXCM has provided a means for opting out of direct marketing and the client has not chosen to opt out. FXCM will include this opt out option/statement in each direct marketing communication.

FXCM clients also have the right to contact FXCM and request not to receive direct marketing communications, and for FXCM not to disclose their personal information to other entities for the purposes of direct marketing, as well as request FXCM to provide the source of the individuals personal information if is practicable or reasonable to do so.

International Transfer

Subject to certain conditions, we may transfer your personal information to a third party in countries outside the country you are residing for further processing 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. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

Security Technology

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.

Once client information is no longer needed, FXCM will take reasonable steps to destroy or de-identify the information as long as FXCM is not required by Australian Law, or court/tribunal order to retain the information, or other overseas regulatory and government bodies and if it is not contained in a Commonwealth record.

We will take seriously and deal promptly with any accidental or unauthorised disclosure of personal information. We follow the relevant scheme for notifiable data breaches where applicable and when handling accidental or unauthorised disclosures of personal information).

How to Contact Us

Questions, comments, complaints, and requests regarding your data or this privacy policy are welcomed and please contact us.

Opt Out

You are not required to supply any of the personal information that we may request; however, failure to do so may result in our being unable to open or maintain your account or to provide services to you. While we make every effort to ensure that all information we hold about you is accurate, complete, and up to date, you can help us considerably in this regard by promptly notifying us if there are any changes to your personal information.

EEA Residents

The following provisions are only applicable to EEA Residents:

Your Data protection Rights

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 e-mails we send you.
  • 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 Information Commissioner's Office in the United Kingdom, please visit the ICO Website for instructions. Alternatively, you may contact the authority of the country you reside in. Please find further details here.

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.

Lawful Basis for Processing Personal Information

Our lawful basis 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 the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, 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).

Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the lawful basis on which we collect and use your personal information, please contact us.

Automated Decision-Making

In some instances, our use of your personal information may result in automated decisions being taken (including profiling) that legally affect you or similarly significantly affect you.

Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review.

We make automated decisions at account opening, where we check that the offered products or services are appropriate for you based on the information you provide to us. For example we may use information about your financial standing or socio-demographic information to assess whether you are appropriate and understand the risk involved when trading our products.

When we make an automated decision about you, you have the right to contest the decision, to express your point of view, and to require a human review of the decision. You can exercise this right by visiting the dedicated page [here]. Please note that you may be required to prove your identity for us to service you.

People's Republic of China (PRC) RESIDENTS

The following provisions are applicable to PRC Residents:

Your data protection rights

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. 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 e-mails we send you.
  • 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.

How to contact us

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

Risk Warning: Our service includes products that are traded on margin and carry a risk of losses in excess of your deposited funds. The products may not be suitable for all investors. Please ensure that you fully understand the risks involved.