1
Privacy
and Data Protection Policy
The
purpose
of
the
present
Privacy
Policy
(hereinafter
the
“Policy”)
is
to
provide
information
on
the
collection,
process
and
security
of
personal
data
transmitted to and
processed
by
Tiebreak
Solutions Ltd
(hereinafter
“Company”,
"we",
"us",
or "our")
via the use of
our
trading
platform
and/or
application,
XCITE
(hereinafter
the "Platform")
by any
End-User
(as
defined
below)
of
the
Platform,
as per our legal
obligations
under
the
applicable
data
protection
law. We are committed to taking all
reasonable
steps
in
protecting any personal
data
we receive and collect from you,
from
misuse,
loss or unauthorised access.
The
Company
is
the
proprietary
owner
and
distributor
of the
Platform
to
companies who
are
in the business of providing online
financial
services
(“Investment
Firm(s)”)
in
order
to
enable
them to offer their
investment
services to
their
clients
(hereinafter
“End-Users”).
The
Company
is
committed
in
protecting
the
End-
User’s
privacy by safeguarding the
End-User’s
personal
information entrusted to the Company
while
using our
Platform
for
Windows, iOS and
Android.
Definitions
“Company”:
means
Tiebreak
Solutions
Ltd
(registration
number
HE368029)
registered
address
at
Artemisia
Business
Centre,
14
Charalambou
Mouskou, 1st floor, Office 102,
2014
Strovolos, Nicosia, Cyprus.
“Consent
of the Data Subject”:
means
any
freely
given,
specific,
informed
and
unambiguous
indication
of the data subject's wishes by which
he
or
she,
by
a
statement
or
by
a
clear
affirmative
action, signifies agreement to the
processing
of personal data relating to him or
her.
“Controller”:
means
the natural or legal person,
public
authority, agency or other body which,
alone
or
jointly
with
others,
determines
the
purposes
and
means
of
the
processing
of
personal
data; where the purposes and means
of
such processing are determined by Union or
Member
State law, the controller or the specific
criteria
for its nomination may be provided for
by
Union
or
Member
State
law.
For
the
avoidance
of
any
doubt,
when
using
the
Platform,
the Investment Firm(s) are considered
to
be the Controller.
“Personal
Data”:
means
any
information
relating
to an identified or identifiable natural
person
(‘data subject’); an identifiable natural
person
is one who can be identified, directly or
indirectly,
in
particular
by
reference
to
an
identifier
such
as
a
name,
an
identification
number,
location data, an online identifier or to
one
or more factors specific to the physical,
physiological,
genetic,
mental,
economic,
cultural
or social identity of that natural person.
“Processing”:
means any operation or set of
operations
which
is
performed
on
personal
data
or on sets of personal data, whether or not
by
automated
means,
such
as
collection,
recording,
organisation,
structuring,
storage,
adaptation
or alteration, retrieval, consultation,
use,
disclosure by transmission,
dissemination or
otherwise
making
available,
alignment
or
combination,
restriction, erasure or destruction.
“Processor”:
means
a natural or legal person,
public
authority, agency or other body which
processes
personal
data
on
behalf
of
the
controller.
For
the avoidance of any doubt,
when
using the Platform, the Company is acting
as
a Processor on behalf of the Controller.
“Restriction
of Processing”:
means
the marking
of
stored personal data with the aim of limiting
their
processing in the future.
1.
Collection
and use of information
1.1.
The
Company
generally
receives
personal
information
that:
(a)
you
directly
upload
to the
Platform;
and
(b)
we
receive from the use of our
Platform.
We
may
also
process
your
personal information
through
the
download
and/or
use
of
our
Platform,
for any or all of the following purposes:
2
(a) performing obligations under a contract
with the Investment Firm(s);
(b) where you have provided your explicit
consent, to send you marketing
information, including but not limited to
surveys and questionnaires, about our
products or services;
(c) complying with any applicable laws,
regulations, codes of practice,
guidelines, directives or rules, or to assist
in law enforcement and investigations
conducted by any governmental
and/or regulatory authority;
(d) transmitting information to any affiliated
third parties, including Investment Firm(s);
(e) any other incidental business purposes
related to or in connection with the
above;
(f) update, fix errors, administer and
improve the features and functionality of
our applications and associated
services;
(g) where you contact us directly;
(h) to analyse application performance via
collection of statistical data;
(i) to update, fix errors, administer and
improve the features and functionality of
the Platform and associated services.
1.2. The purposes listed above may continue to
apply even in situations where your
relationship with us (for example, pursuant
to a contract) has been terminated or
altered in any way, for a reasonable period
thereafter (including, where applicable, a
period to enable us to enforce our rights
under any contract with you or other lawful
purposes).
1.3. We may also process your personal data
where such processing is necessary for
compliance with a legal obligation to
which we may be subject to, or in order to
protect your vital interests or the vital
interests of another person.
1.4. The Platform is provided by the Company in
collaboration with Investment Firm(s) for the
purpose of providing the end-user with their
online financial investment services, such as
handling the processing and execution of
orders and requests, publication of related
information in the Platform, performing
statistical analysis on the use of the
applications and the aforementioned
services. These Associate will be given
access to your information as is reasonably
necessary to deliver their services, and we
will require that such third parties comply
with the terms of this Policy or operate
under a similar policy.
1.5. When you voluntarily disclose your personal
information on your profile, on forums and
comment online in forum /chat areas, it
becomes publicly available and can be
viewed by other users. Forums, chats, and
other areas of the community of users of our
applications, that are available through
Windows, Google Store or Apple Store. In
such areas, you should not disclose any
information that can be used to establish
your identity or the identity of any other
person. We are not responsible for the
security and protection of information
disclosed by you in such areas.
2. Minor's personal information and privacy
2.1. We recognize the importance of protecting
the information about minors and we do
not knowingly collect any personal
information from minors under eighteen (18)
years of age. Our Platform is directed to
individuals over eighteen (18) years of age,
the Company accepts no responsibility for
any failure to comply with this requirement.
2.2. We encourage parents and legal
guardians to take the appropriate
measures to prevent children under
eighteen years of age from viewing and
using the Platform without the appropriate
permission.
(a) performing obligations under a contract
with the Investment Firm(s);
(b) where you have provided your explicit
consent, to send you marketing
information, including but not limited to
surveys and questionnaires, about our
products or services;
(c) complying with any applicable laws,
regulations, codes of practice,
guidelines, directives or rules, or to assist
in law enforcement and investigations
conducted by any governmental
and/or regulatory authority;
(d) transmitting information to any affiliated
third parties, including Investment Firm(s);
(e) any other incidental business purposes
related to or in connection with the
above;
(f) update, fix errors, administer and
improve the features and functionality of
our applications and associated
services;
(g) where you contact us directly;
(h) to analyse application performance via
collection of statistical data;
(i) to update, fix errors, administer and
improve the features and functionality of
the Platform and associated services.
1.2. The purposes listed above may continue to
apply even in situations where your
relationship with us (for example, pursuant
to a contract) has been terminated or
altered in any way, for a reasonable period
thereafter (including, where applicable, a
period to enable us to enforce our rights
under any contract with you or other lawful
purposes).
1.3. We may also process your personal data
where such processing is necessary for
compliance with a legal obligation to
which we may be subject to, or in order to
protect your vital interests or the vital
interests of another person.
1.4. The Platform is provided by the Company in
collaboration with Investment Firm(s) for the
purpose of providing the end-user with their
online financial investment services, such as
handling the processing and execution of
orders and requests, publication of related
information in the Platform, performing
statistical analysis on the use of the
applications and the aforementioned
services. These Associate will be given
access to your information as is reasonably
necessary to deliver their services, and we
will require that such third parties comply
with the terms of this Policy or operate
under a similar policy.
1.5. When you voluntarily disclose your personal
information on your profile, on forums and
comment online in forum /chat areas, it
becomes publicly available and can be
viewed by other users. Forums, chats, and
other areas of the community of users of our
applications, that are available through
Windows, Google Store or Apple Store. In
such areas, you should not disclose any
information that can be used to establish
your identity or the identity of any other
person. We are not responsible for the
security and protection of information
disclosed by you in such areas.
2. Minor's personal information and privacy
2.1. We recognize the importance of protecting
the information about minors and we do
not knowingly collect any personal
information from minors under eighteen (18)
years of age. Our Platform is directed to
individuals over eighteen (18) years of age,
the Company accepts no responsibility for
any failure to comply with this requirement.
2.2. We encourage parents and legal
guardians to take the appropriate
measures to prevent children under
eighteen years of age from viewing and
using the Platform without the appropriate
permission.
3
2.3. In the event that Company becomes
aware and/or by the request of our
Associates, that we have received personal
information from a user under eighteen (18)
years of age, we shall restrict access to the
Platform and shall delete such information
as soon as reasonably practicable and not
make use of such information.
3. Collection of other information
3.1. We may collect other non-personal
information about the use of our Platform,
including but not limited to, components
that you have clicked, information you
have downloaded (where applicable), as
well as other actions related to the use of
our Platform. We may also collect certain
technical information necessary for the
operation and update of our Platform and
the collection of anonymous statistics on
the use of the Platform, along with any error
reports about our products.
4. Protection of personal data
4.1. We shall use our best endeavours to ensure
protection of the information submitted to
us, both during transmission and once we
receive it. We maintain appropriate
administrative, technical and physical
safeguards to protect Personal Data
against any accidental or unlawful
destruction, accidental loss, unauthorized
alteration, unauthorized disclosure or
access, misuse, and any other unlawful
form of processing of the Personal Data in
our possession. This includes, for example,
firewalls, password protection and other
access and authentication controls.
4.2. In order to ensure the security of personal
data during processing, we take the
necessary organizational and technical
measures to protect such personal data
against unauthorized or accidental access,
destruction, modification, blocking,
copying, provision, distribution, as well as
other unlawful acts regarding personal
data. Nonetheless, we cannot guarantee
that misuse of your personal information by
infringers will not occur.
4.3. Notwithstanding the above, no method of
transmission over the Platform and over the
internet, or method of electronic storage, is
100% secure. We cannot ensure or warrant
the security of any information you transmit
to us and you do so at your own risk. We also
cannot guarantee that such information
may not be accessed, disclosed, altered, or
destroyed by breach of any of our physical,
technical, or managerial safeguards. If you
believe your Personal Data has been
compromised, please contact us.
5. Retention of personal data
5.1. We may retain data for different periods of
time for different purposes as required by
applicable laws and regulations,
Investment Firm(s) instructions, our
legitimate interests or best business
practices. Other statutory obligations, legal
processes and inquiries may also
necessitate the retention of certain data.
6. Data Transfers outside the EEA
6.1. We may have sub-processors in different
countries around the world and thus your
personal data may be processed, used or
transferred outside the EEA. In such case,
we ensure that all necessary safeguards
and security measures are in place, as
deemed appropriate, under the relevant
national, international laws.
7. Changes to this Privacy and Data Protection
Policy
We reserve the right to revise and update
this Privacy and Data Protection Policy from
time to time in part or in full by notifying you
via email the new version. To view the latest
version of our Privacy Policy, click the
Privacy and Data Protection Policy link
2.3. In the event that Company becomes
aware and/or by the request of our
Associates, that we have received personal
information from a user under eighteen (18)
years of age, we shall restrict access to the
Platform and shall delete such information
as soon as reasonably practicable and not
make use of such information.
3. Collection of other information
3.1. We may collect other non-personal
information about the use of our Platform,
including but not limited to, components
that you have clicked, information you
have downloaded (where applicable), as
well as other actions related to the use of
our Platform. We may also collect certain
technical information necessary for the
operation and update of our Platform and
the collection of anonymous statistics on
the use of the Platform, along with any error
reports about our products.
4. Protection of personal data
4.1. We shall use our best endeavours to ensure
protection of the information submitted to
us, both during transmission and once we
receive it. We maintain appropriate
administrative, technical and physical
safeguards to protect Personal Data
against any accidental or unlawful
destruction, accidental loss, unauthorized
alteration, unauthorized disclosure or
access, misuse, and any other unlawful
form of processing of the Personal Data in
our possession. This includes, for example,
firewalls, password protection and other
access and authentication controls.
4.2. In order to ensure the security of personal
data during processing, we take the
necessary organizational and technical
measures to protect such personal data
against unauthorized or accidental access,
destruction, modification, blocking,
copying, provision, distribution, as well as
other unlawful acts regarding personal
data. Nonetheless, we cannot guarantee
that misuse of your personal information by
infringers will not occur.
4.3. Notwithstanding the above, no method of
transmission over the Platform and over the
internet, or method of electronic storage, is
100% secure. We cannot ensure or warrant
the security of any information you transmit
to us and you do so at your own risk. We also
cannot guarantee that such information
may not be accessed, disclosed, altered, or
destroyed by breach of any of our physical,
technical, or managerial safeguards. If you
believe your Personal Data has been
compromised, please contact us.
5. Retention of personal data
5.1. We may retain data for different periods of
time for different purposes as required by
applicable laws and regulations,
Investment Firm(s) instructions, our
legitimate interests or best business
practices. Other statutory obligations, legal
processes and inquiries may also
necessitate the retention of certain data.
6. Data Transfers outside the EEA
6.1. We may have sub-processors in different
countries around the world and thus your
personal data may be processed, used or
transferred outside the EEA. In such case,
we ensure that all necessary safeguards
and security measures are in place, as
deemed appropriate, under the relevant
national, international laws.
7. Changes to this Privacy and Data Protection
Policy
We reserve the right to revise and update
this Privacy and Data Protection Policy from
time to time in part or in full by notifying you
via email the new version. To view the latest
version of our Privacy Policy, click the
Privacy and Data Protection Policy link
4
found on the Platform’s documents. In case
of any changes, replacement or
amendments to this Policy, the new version
of the Policy shall become effective on the
date the notification of the changes, unless
it is otherwise is provided by the revised
version.
8. End-user’s Rights
8.1. In accordance with the applicable privacy
international laws and regulations, the End-
users under certain circumstances, have
the following rights:
8.1.1. Right to access: You have the right to
confirmation as to whether or not we
process your personal data and,
where we do, access to the personal
data, together with certain
additional information. That
additional information includes
details of the purposes of the
processing, the categories of
personal data concerned and the
recipients of the personal data.
Providing the rights and freedoms of
others are not affected, we will
supply to you a copy of your personal
data.
8.1.2. Right to rectification: You have the
right to request to have any
inaccurate personal data about you
rectified and, taking into account the
purposes of the processing, to have
any incomplete personal data about
you completed.
8.1.3. Right to erasure: In some
circumstances you have the right to
request the erasure of your personal
data if established that the personal
data is no longer necessary in relation
to the purposes for which it was
collected or otherwise processed;
you withdraw permission to
authorization-based processing; you
object to the processing under
certain rules of applicable data
protection law and if established that
the personal data has been
unlawfully processed. However, there
are exclusions of the right to erasure.
The general exclusions include where
processing is necessary for exercising
the right of freedom of expression
and information, for compliance with
a legal obligation or for the
establishment, exercise or defence of
legal claims and for reasons of public
interest.
8.1.4. Right to restrict processing: In some
circumstances you have the right to
restrict the processing of your
personal data, for example when you
contest the accuracy of the personal
data; processing is unlawful but you
oppose erasure; we no longer need
the personal data for the purposes of
our processing, but you require
personal data for the establishment,
exercise or defence of legal claims;
and you have objected to
processing, pending the verification
of that objection. Where processing
has been restricted on this basis, we
may continue to store your personal
data and we will only process it for
the establishment, exercise or
defence of legal claims, for the
protection of the rights of another
natural or legal person or for reasons
of important public interest.
8.1.5. Right to object to processing: You
have the right to object to our
processing of your personal data on
grounds relating to your particular
situation, but only to the extent that
the legal basis for the processing is
necessary for the performance of a
task carried out in the public interest
or in the exercise of any official
authority vested in us or the purposes
of the legitimate interests pursued by
found on the Platform’s documents. In case
of any changes, replacement or
amendments to this Policy, the new version
of the Policy shall become effective on the
date the notification of the changes, unless
it is otherwise is provided by the revised
version.
8. End-user’s Rights
8.1. In accordance with the applicable privacy
international laws and regulations, the End-
users under certain circumstances, have
the following rights:
8.1.1. Right to access: You have the right to
confirmation as to whether or not we
process your personal data and,
where we do, access to the personal
data, together with certain
additional information. That
additional information includes
details of the purposes of the
processing, the categories of
personal data concerned and the
recipients of the personal data.
Providing the rights and freedoms of
others are not affected, we will
supply to you a copy of your personal
data.
8.1.2. Right to rectification: You have the
right to request to have any
inaccurate personal data about you
rectified and, taking into account the
purposes of the processing, to have
any incomplete personal data about
you completed.
8.1.3. Right to erasure: In some
circumstances you have the right to
request the erasure of your personal
data if established that the personal
data is no longer necessary in relation
to the purposes for which it was
collected or otherwise processed;
you withdraw permission to
authorization-based processing; you
object to the processing under
certain rules of applicable data
protection law and if established that
the personal data has been
unlawfully processed. However, there
are exclusions of the right to erasure.
The general exclusions include where
processing is necessary for exercising
the right of freedom of expression
and information, for compliance with
a legal obligation or for the
establishment, exercise or defence of
legal claims and for reasons of public
interest.
8.1.4. Right to restrict processing: In some
circumstances you have the right to
restrict the processing of your
personal data, for example when you
contest the accuracy of the personal
data; processing is unlawful but you
oppose erasure; we no longer need
the personal data for the purposes of
our processing, but you require
personal data for the establishment,
exercise or defence of legal claims;
and you have objected to
processing, pending the verification
of that objection. Where processing
has been restricted on this basis, we
may continue to store your personal
data and we will only process it for
the establishment, exercise or
defence of legal claims, for the
protection of the rights of another
natural or legal person or for reasons
of important public interest.
8.1.5. Right to object to processing: You
have the right to object to our
processing of your personal data on
grounds relating to your particular
situation, but only to the extent that
the legal basis for the processing is
necessary for the performance of a
task carried out in the public interest
or in the exercise of any official
authority vested in us or the purposes
of the legitimate interests pursued by
5
us or by a third party. If you make
such an objection, we will cease to
process the personal information
unless we can demonstrate
compelling legitimate grounds for the
processing which override your
interests, rights and freedoms, or the
processing is for the establishment,
exercise or defence of legal claims.
You have the right to object to our
processing of your personal data for
direct marketing purposes (including
profiling for direct marketing
purposes). If you make such an
objection, we will cease to process
your personal data for this purpose.
8.1.6. Right to data portability: You have the
right to request the transfer of your
personal data to you or to a third
party: Upon your request we can
provide you with your personal data
or provide these to a third party you
have chosen.
8.1.7. Right to complain to a supervisory
authority: If you consider that the
processing of your personal
information infringes data protection
laws, you have a legal right to lodge
a complaint with a supervisory
authority responsible for data
protection. You may do so in the EU
member state of your habitual
residence, your place of work or the
place of the alleged infringement.
8.1.8. Right to withdraw authorization: To the
extent that the legal basis for our
processing of your personal
information is authorization, you have
the right to withdraw that
authorization at any time in which
case we may not be able to provide
to you some of the features and
functionality of our Services.
Withdrawal of permission will not
affect the lawfulness of processing
prior to the withdrawal request.
8.2. You are encouraged when exercising your
rights to contact your Investment Firm(s)
directly. Where the Company receives any
data subject request, it shall as soon as
practicably available, share it with the
applicable Investment Firm(s).
9. Notification of Breaches
In the event of unauthorized breaches or
intrusions into our systems, that may affect you
personal data security, we will notify the
applicable Investment Firm(s) and/or you as
soon as it is practically feasible and we will take
all necessary measures and actions to avoid
future occurrences and similar phenomena.
10. ACCEPTANCE OF THESE TERMS:
By clicking “Accept” on the Privacy Policy
checkbox and/or by continuing using the
Platform, you consent to the content of this
Policy; including but not limited to, the transfer
of any personal information to the Associates,
the relevant authorities, if obliged and you
warrant that all data and information provided
by you is accurate and up-to-date. By using the
Platform, you are also agreeing to all such terms
and conditions provided for in this Privacy
Policy. You agree to waive all rights to holding
the Company liable for any claim arising out of,
or in connection with the processing of your
data, as mentioned herein, unless such data
has been fraudulently or negligently processed,
as against the terms laid down in this Privacy
Policy. If you have any queries in relation to your
information held by us, do not hesitate to
contact us from the contact details provided
on the Platform.
11. Contact us
The Company’s registered address is 14
Charalambou Mouskou, “Artemisia Business
Centre”, 1st floor, Office 102, 2014 Strovolos,
Nicosia, Cyprus.
If you have any enquiry about this Privacy Policy
or the way personal information is processed or
us or by a third party. If you make
such an objection, we will cease to
process the personal information
unless we can demonstrate
compelling legitimate grounds for the
processing which override your
interests, rights and freedoms, or the
processing is for the establishment,
exercise or defence of legal claims.
You have the right to object to our
processing of your personal data for
direct marketing purposes (including
profiling for direct marketing
purposes). If you make such an
objection, we will cease to process
your personal data for this purpose.
8.1.6. Right to data portability: You have the
right to request the transfer of your
personal data to you or to a third
party: Upon your request we can
provide you with your personal data
or provide these to a third party you
have chosen.
8.1.7. Right to complain to a supervisory
authority: If you consider that the
processing of your personal
information infringes data protection
laws, you have a legal right to lodge
a complaint with a supervisory
authority responsible for data
protection. You may do so in the EU
member state of your habitual
residence, your place of work or the
place of the alleged infringement.
8.1.8. Right to withdraw authorization: To the
extent that the legal basis for our
processing of your personal
information is authorization, you have
the right to withdraw that
authorization at any time in which
case we may not be able to provide
to you some of the features and
functionality of our Services.
Withdrawal of permission will not
affect the lawfulness of processing
prior to the withdrawal request.
8.2. You are encouraged when exercising your
rights to contact your Investment Firm(s)
directly. Where the Company receives any
data subject request, it shall as soon as
practicably available, share it with the
applicable Investment Firm(s).
9. Notification of Breaches
In the event of unauthorized breaches or
intrusions into our systems, that may affect you
personal data security, we will notify the
applicable Investment Firm(s) and/or you as
soon as it is practically feasible and we will take
all necessary measures and actions to avoid
future occurrences and similar phenomena.
10. ACCEPTANCE OF THESE TERMS:
By clicking “Accept” on the Privacy Policy
checkbox and/or by continuing using the
Platform, you consent to the content of this
Policy; including but not limited to, the transfer
of any personal information to the Associates,
the relevant authorities, if obliged and you
warrant that all data and information provided
by you is accurate and up-to-date. By using the
Platform, you are also agreeing to all such terms
and conditions provided for in this Privacy
Policy. You agree to waive all rights to holding
the Company liable for any claim arising out of,
or in connection with the processing of your
data, as mentioned herein, unless such data
has been fraudulently or negligently processed,
as against the terms laid down in this Privacy
Policy. If you have any queries in relation to your
information held by us, do not hesitate to
contact us from the contact details provided
on the Platform.
11. Contact us
The Company’s registered address is 14
Charalambou Mouskou, “Artemisia Business
Centre”, 1st floor, Office 102, 2014 Strovolos,
Nicosia, Cyprus.
If you have any enquiry about this Privacy Policy
or the way personal information is processed or
6
used in connection with the use of the Platform,
you can contact the Company via post on the
above address or contact the Company’s
designated Data Protection Officer at
dpo@tiebreak.solutions.
November 2022
used in connection with the use of the Platform,
you can contact the Company via post on the
above address or contact the Company’s
designated Data Protection Officer at
dpo@tiebreak.solutions.
November 2022