Privacy Notice

1. Introduction

RGL Capital (Mauritius)Ltd, operating under the brand name Direkt Prime Liquidity is a business private limited company incorporated in Mauritius, with registration number C120722 GBC. The Company is a Global Business Licensee and an Investment Dealer (Full Service Dealer, excluding Underwriting) Licensee, regulated and authorized by the Financial Services Commission of Mauritius (“FSC”) under the license numberC114012695 (hereinafter referred to as the ‘Company’).

This Privacy Notice explains how the Company collects personal data about you (i.e. individuals) and how it maintains, uses and discloses that data. For the purposes of this Notice, the phrase “personal data” or ‘’Personal Information’’ refers to any information relating to you which identifies you or you can be identified by it.

The Company is committed to protect the privacy of your Personal Data which it processes in accordance with the provisions of the Mauritius Data Protection Act 2017 (hereinafter “DPA’’), any subsequent Data Protection Regulations and this Privacy Notice.

Should you wish to contact the Company with respect to any matter related to your personal information processed and/or to the exercising of your rights under applicable law, please contact us by email at dataprotection@rostro.com or by mail to our registered address and registered address is 3rd Floor,18 Edith Cavell Street, Port Louis, Mauritius.

2. Collection of Personal Information

We collect information required to open an account, to transact business effectively and to safeguard your assets and your privacy. To do this, we gather information to help us assess your needs and preferences. The information we collect directly from you includes information required to communicate with you, including your name, mailing address, telephone number, e-mail address. We also collect birth date and your location information. All information is collected in accordance with data protection and money laundering legislation.

3. Data to be collected

While using the Company’s website and/or trading platform and/or mobile app as the case might be, the Company may derive information from such use and may store this information with your personal profile. This information may include site areas visited, pages viewed, frequency and duration of visits, Internet Protocol (IP) address, your Geographic location, computer identification parameters or version of app used and the date the app was installed, types of transactions conducted, documents downloaded, mouse clicks, mouse movements, scrolling activity as well as text you type in this website and which website referred you to ours or to which websites you link, your internet Access Service provider, type and model of computer or telecommunication device used by website visitor, frequency and duration of sessions per page visit, data and documents of website accessed by website visitor, language preference and preference to receive communication from us.

By requesting to enter and/or entering into a business relationship and in the course of correspondence in physical or electronic form with the Company, we will collect and store personal information about you, as it is required to provide you with the services you requested and to comply with our legal and regulatory obligations. This includes, among others, your date of birth, your address and a photocopy of your national ID card, passport, or other form of ID and a copy of a recent utility bill or other proof of address. We may obtain personal information as a result of authentication or identity checks, including checks with credit reference agencies (who may keep a record of the information) to prevent fraud. TICs (Tax Identification Codes), country of residence, geo location information, information related to your financial status, such as your bank account/s and Credit Card/s details or other means of payments, the origin of funds, annual income, deposits and withdrawals history, information in regards to funds and financial instruments kept by the Company on your behalf, occupation, details concerning your employment history and education, relevant data and types of transactions conducted, documents downloaded and/or uploaded, phone number and email address.

The Company also collects and processes personal information about you that are necessary for us, in order to provide you with our services. This includes information about you when you complete an online application or another type of form and when you access and trade through your account.

4. Purpose of collecting Personal Information

The Company collects and processes your Personal Information for the following purposes:

I. Compliance with legal obligations:

Subject to the type of services we provide to you, we might be required to collect, process and retain your personal information in accordance with strict mandatory legal requirements, such as the Anti-Money Laundering law and financial regulations, in order to confirm your identity, the resource of your funds, to assess your suitability and appropriateness to receive the products and services we provide and in accordance, to categorize you as a client and to manage and administer the products and services that we provide you, and such information as required in order to ensure and evidence our compliance with our legal and regulatory obligations. To verify your identity, age and accuracy of your registration details provided, we may disclose such information to third parties e.g. financial institutions and third-party reference agencies and data verification service providers, for preventing fraud and for risk management purpose. (who may keep a record of the information).

II. For the performance of the contract:

a) In order to provide you with the products and services that you have requested, including for processing transactions, for troubleshooting, to maintain and manage your account and personal profile, and in order to contact you when necessary and/or appropriate in relation to the products and services being provided to you, including via third parties. Subject to the type of Services we provide to you, we may use your personal information, including but not limited to your professional background details and your account trading history to determine, deliver and/or suggest tailored solutions to you to personalize your experience with our services in line with your background, prior exposure to financial markets and your general experience in trading. This type of processing is necessary for the purposes of our legitimate interests in developing, delivering or presenting relevant personalised services and content to our customers.

b) Furthermore, in order to enforce our legal framework, i.e. the governing terms and conditions (“T&C”), we might process personal information in order to monitor whether our clients’ use of our products and services is in breach and/or is abusing the governing T&C, including with no limitation, in any case of dispute, or legal proceeding of any kind between our clients and us, or between our clients, and other clients or third parties with respect to, or in relation with the services we provide.

III. Marketing:

We may use your personal information, including but not limited to your name, e-mail, address, phone number, location and Web Data, to deliver marketing and event communications to you across various platforms, such as social networks, email, telephone, text messaging, direct email, online, push notification or otherwise. We will do this either (i) until you withdraw your consent (or it ceases to be valid) or (ii) during the period of your relationship with us and, unless specifically instructed otherwise by you, for a reasonable period of time after the relationship has ended in order to inform you about products, services, promotions and special offers concerning products and/or services which are the same or similar to those you showed interest in the past.

We process Personal Information for marketing purposes only as necessary on the lawful basis and for the purpose of our legitimate interests in promoting our products and services to you.

Should you wish to opt-out from receiving marketing services by the Company, at any time, send a request to the Company at dataprotection@rostro.com . Please note that opting out from marketing services (i) might affect your ability to explore new products and services and their customization to your needs and requirements, and (ii) will not prevent completely all forms of communications to you, since the Company is required by law to communicate and inform you of legal aspects related to the products and services provided to you by the Company.

IV. Based on the Company legitimate interests:

a) Risk Management: In order to provide you our services and comply with our regulatory obligations we process your Personal Information as needed to evaluate and manage risks to our business. The types of Personal Information that we may process for these purposes might include to the extend applicable to the services provided to you, but it is not limited to, your trading history and patterns (which may require to identify and prevent abusive trading and other unlawful trading practices), your name, ID, passport and residence details.

b) Diagnostics, research and development: We may use your personal information for internal research and development purposes, to help diagnose system problems, to administer our websites, to improve and test the features and functions of our services to you, to develop new content, products and services. To carry out testing and analysis. This processing is necessary for the purpose of our legitimate interests.

c) Profiling: In accordance with our legitimate interests detailed below or, as the case may be, in order to comply with our legal obligations, we may carry out profiling and analysis based upon your location data, address, age, professional background, experience, trading activity and behaviours for the following purposes:

(a) Customer segmentation to offer you products and services which are appropriate for you, and to develop the more relevant marketing;

(b) We run with lookalikes campaigns in Facebook/Twitter. A lookalike campaign is a way to reach out to new potential clients who are likely to be interested in our business because they have interests similar to our existing clients;

(c) Risk and trading analysis.

d) Other purposes: We may be required to use and retain your personal information for loss prevention or to protect our rights, privacy, safety, or property, or those of other persons in accordance with our legitimate interests.

5. Automated Decision – Making and Profiling

We use advanced automated decisions making tools in order to perform our duties, services and for know-your client and customer due diligence purposes. The Company might be required by law to process personal information in order to (i) ensure Company’s services are not being used for money laundering and/or terrorist financing and/or fraud purposes; (ii) to establish its clients’ suitability and appropriateness to receive certain services; (iii) to assure the Company is acting honestly, fairly and professionally and in the best interests of its clients (iv) in general to assure and evidence as appropriate that the Company complies with its legal and regulatory obligations as applicable.

In such cases, you have the right to contact us to request that one of our employees examines your application and obtain an explanation for the automated decision reached. You also have the right to challenge such a decision. Following such a request, we will reassess your application, taking into consideration both the reasons that an automated decision was reached as well as your own point of view.

The Company also uses automated decision making and profiling mechanisms for marketing purposes and to customize its products and services to its clients, in order to ensure a more personalized, effective and efficient service.

6. Maintenance of Records and Security

Record-keeping procedures are in accordance with the applicable regulation. All Company’s records are maintained for such period as requested by regulatory authorities. In any case, the Company may keep any aggregated or anonymized information for the purposes described in this Privacy Notice, for longer periods. We are aware of the requirement to ensure your data is protected while retaining it, against accidental loss, disclosure, destruction and or abuse. We have implemented appropriate technical and organizational measures and processes to guard against such breaches. Such measures and safeguards may include encryption during information transmission and storage, strong authentication mechanisms and the segmentation of digital architecture to zones that are policed and protected. We have implemented a strategy of ‘least possible access’ and periodically review existing access. While such systems and procedures significantly reduce the risk of security breaches and the inappropriate use of personal information, they do not provide absolute security. The Company will regularly review its security posture with reference to the latest standards to effectively eliminate the likelihood of any form of misuse.

7. Intended Recipients of the Data

Access to personal information is restricted to those employees, partners, contractors, advisers, affiliates and service providers of the Company, credit reference agencies, fraud prevention agencies, companies we have a joint venture or agreement to co-operate with, market researchers and professional Advisors, who need to access such information for the purposes described in this Privacy Notice. We may share data with partners, contractors, service providers, transaction processors, advisors and affiliates of the Company (including but not limited to parent, sister and subsidiary companies in the Scope Markets/Rostro Group, credit reference agencies, fraud prevention agencies, companies we have a joint venture or agreement to co-operate with, market researchers, professional Advisors, technology providers, banks and payment service providers (hereinafter referred to as the “Partners”) who need to access such information for the purposes described in this Privacy Notice.

Those with access to personal information are obligated to comply with strict standards of confidentiality and protection of personal information. While using App, the Company may share information from such use with its technology Partners for the purposes of contacting you when necessary or appropriate regarding the services being provided to you through the App, and for keeping you updated for matters such as contracts you have traded and activities of the Company, as well as for marketing purposes, including, but not limited to providing you with information regarding the products and services offered by the Company.

We may also forge partnerships and alliances, which may include joint marketing agreements, with other companies who offer high-quality products and services that might be of value to our clients. In order to ensure that these products and services meet your needs and are delivered in a manner that is useful and relevant, we may share some information with partners, affiliates and alliances. This allows them to better understand the offers that are most relevant and useful. The use of your personal information is limited to the purposes identified in our relationship with the partner or affiliate. To help us improve our services to you, we may engage another business to help us to carry out certain internal functions such as account processing, fulfilment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a party with client information from our database to help us analyze and identify client needs and notify clients of product and service offerings. The use of the shared information is strictly limited to the performance of the task we request and for no other purpose. All third parties with which we share personal information are obliged to protect personal information in a similar manner to the way we protect personal information.

However, all the disclosures of personal data to third parties are limited to the purpose for which the informed consent of the individual data subject, to which personal data relates, was given to the Company through the present Privacy Notice.

We do not sell, license, lease or otherwise disclose your personal information to any third party for any reason, except as described below. We may share information with law enforcement agencies, information protection authorities, and other competent authorities as well as with other competent third parties, as may be required by law or regulation or if the Company believes that you performed any act or omission that might be violating any applicable laws, rules, or regulations, or if the Company is obliged, or believes that it is obliged by law to share or disclose your information to applicable authorities or to any other third party.

8. Restriction of Responsibility

If at any time you choose to purchase a product or service offered by another company, any personal information you share with that company will no longer be controlled under our Privacy Notice. We are not responsible for the privacy notices or the content of sites we link to and have no control of the use or protection of information provided by you or collected by those sites. Whenever you elect to link to a co-branded Web site or to a linked Web site, you may be asked to provide registration or other information. Please note that the information you are providing is going to a third party and you should familiarize yourself with the Privacy Notice provided by that third party.

9. Google Analytics

We may use the information we collect to assist us in delivering relevant ads to you (Remarketing). Remarketing is a way for us to connect with our websites and ads visitors, based upon their past interactions with our website and ads. Third-party marketing vendors may be hired by the Company to perform such remarketing services. As a result, third-party vendors, including Google, may show Company’s ads on internet sites. Such third-party vendors, including Google, may also use their cookies, third party cookies and similar technologies to serve ads based on a visitor’s prior visits to Company’s website. You may opt out of Google Analytics for Display Advertisers and opt out of customized Google Display Network ads by visiting Google’s Ads Preferences Manager. You are also encouraged to visit Google Analytics Opt-out Browser Add-on. For further information you can also visit Google’s privacy center.

10. Use of Cookies

A cookie is a small text file stored on the user’s computer for record keeping and security purposes. It allows us to enhance user experience while browsing our website. The Company issues cookies upon landing on our website unless the cookie settings on user’s browsers are disabled. Please be notified that by turning off cookie tracking in your browser, some of our services might become unusable such as promotions or registration. Cookies used by us do not contain any personal information nor do they contain account or password information. They merely allow the site to recognize that a page request comes from someone who has already logged on. To manage, control and improve our web site, we may use a third party to track and analyze usage and statistical volume information, including page requests, form requests, and click paths. The third party may use cookies to track behavior and may set cookies on behalf of us. These cookies do not contain any personally identifiable information.

11. Transfer of Data to third countries

You acknowledge that the Company, by its nature as an online service, may store and process information in various sites, throughout the globe. The Company may transfer your personal information outside the Republic of Mauritius to other Scope Markets/Rostro Group companies as well as processors who are engaged on our behalf (‘’Transferees’’). To the extent the Company transfers your information outside the Republic of Mauritius, we will ensure that the transfer is lawful and/or necessary for the performance of the contract between the Company and yourself, and that there are appropriate security arrangements and that your personal data receive a level of protection equivalent to that provided under Mauritian Law. In order to transfer personal information to third parties in territories that do not have a finding of adequacy by the applicable authority and regulations, we enter into arrangements with the Transferees ensuring appropriate and suitable safeguards based on standard contractual terms adopted by the DPA. If you are a resident in a jurisdiction such as European Economic Area Member States, where transfer of your personal information to another jurisdiction requires your consent, then you provide us your express and unambiguous consent to such transfer.

It shall be noted that the Company has outsourced a number of its record keeping activities to its sister entities that are under the same ownership and/or control and are located in the European Economic Area and adherent to the European General Data Protection Regulation (“GDPR’’). Consequently, the Company have concluded in a Data Processing Agreement with such entities as required and any processing activities undertaken by the sister entities on behalf of the Company are in accordance with the GDPR.

12. Marketing communication

While registering your information with us, you have agreed to receive marketing services, which provides you with information regarding the products and services offered by the Company or its partners and opportunities that we believe may be relevant to you, newsletters, emails and SMS (text) messages, and other electronic communication. If you no longer wish to receive the above-mentioned types of communication, you may opt-out by following the instructions included in each message or by sending an email to dataprotection@rostro.com .

13. Your Rights

You need not give us any of the personal information requested by the Company. However, without the information requested in the application form or otherwise, we may not be able to open an account for you, or to provide you with any other services, information, or assistance you have sought or evaluate the appropriateness of the service you are requesting.

Under the DPA, the Client as a data subject have certain rights which are detailed below. Some of these only apply under specific circumstances and are qualified in several respects by exemptions in data protection legislation. We will advise you in our response to your request if we are relying on any such exemptions.

I. Access to Personal Information: You have a right to enquire the Company whether the Company holds personal information about you as well as a record or a description of such personal information the Company holds about you.

II. Correction of Personal Information: You can request the Company to update, rectify or correct any Personal Information that the Company is processing about you which is incorrect.

III. Right of erasure: You can request the Company to erase your Personal Information where there is no compelling reason to continue processing. This right only applies in certain circumstances as provided by the DPA.

IV. Right to object on reasonable grounds to the processing of Personal Information: You have the right in certain circumstances and based on reasonable grounds relating to your particular situation to object on the processing of your personal information by the Company, but the Company will have the right to reject such request if such processing is provided by applicable legislation. Where the Company suspends processing of your Personal Information, the Company will still be permitted to store your Personal Information, but any other processing of this information will require your consent, subject to certain exemptions. Please note that restricting the processing of your personal information may adversely impair our ability to provide you with any of the products and services you may have requested.

V. Right to object to processing of Personal Information for direct marketing: You have the right to object to our use of your Personal Information for direct marketing purposes.

VI. Rights in relation to automated decision-making and profiling: The Client has the right not to be subject of decision based solely on automated processing of his/her Personal Data, including profiling, that affect him/her, unless such profiling is necessary for entering into, or the performance of, a contract between Client and the Company or the Client provides explicit consent.

VII. Right to Complain: If you are unhappy with how your Personal Information has been handled or processed, the Company has appointed a Privacy Officer as required by the DPA. You may lodge a formal complaint by sending an email to: dataprotection@rostro.com

You should include adequate information to identify yourself and such other relevant information that will reasonably assist us in fulfilling your request. Your request will be dealt with as soon as possible.

Where the Company is unable to resolve your complaint, to your satisfaction you have the right to complaint to the Data Protection Office.

Address: Level 5, SICOM Tower Wall Street, Ebene Cyber City, Ebene, Republic of Mauritius

Email Address: dpo@govmu.org

14. Changes to This Privacy Notice

From time to time, we may update this Privacy Notice. In the event we materially change this Privacy Notice, the revised Privacy Notice will promptly be posted to the Company’s websites and we will post a notice on our websites informing you of such change. You agree to accept posting of a revised Privacy Notice electronically on the website as actual notice to you. In case the Company is not operating through a website then the Company will communicate to you the updated Notice to your last known email as per the Company’s records. Any dispute over our Privacy Notice is subject to our Terms and Conditions. We encourage you to periodically check back and review this Privacy Notice so that you always will know what information we collect, how we use it, and to whom we disclose it.