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Terms and Service

Whales Capital  Fx Privacy Policy:

Introduction:

 As part of our daily business operations, we collect personal

information from our clients and prospective clients in order to provide

them with our products and services, and ensure that we can meet

their needs when providing these products and services, as well as

when providing them with any respective information.

 Your privacy is of utmost importance to us, and it is our policy to

safeguard and respect the confidentiality of information and the

privacy of individuals. This Privacy Notice sets out how Whales Capital  Fx  API

portfolio allocation and services provided by Whales Capital  Fx ; its

affiliates and subsidiaries (collectively, the whalescapitalfx.com/

“Whales Capital  Fx ”, “the Company”, “We”, “Us”, and the trading and direct

sales services provided by whalescapitalfx.com/ (collectively the “Whales Capital  Fx 

Investment” or “Investment”), collects, uses and manages the personal

information we receive from you, or a third party, in connection with

our provision of services to you or which we collect from your use of

our services and/or our website. The Privacy Notice also informs you of

your rights with respect to the processing of your personal information.

 Our Privacy Notice is reviewed regularly to ensure that any new

obligations and technologies, as well as any changes to our business

operations and practices are taken into consideration, as well as that it

remains abreast of the changing regulatory environment. Any personal

information we hold will be governed by our most recent Privacy

Notice.

 Please note that if you are an employee of the Company, a contractor

to the Company or a third-party provider, your personal information

will be used in connection with your employment contract or your

contractual relationship, whichever applies.

 This Privacy Notice applies to the processing activities performed by

whalescapitalfx.com/ to the personal information of its clients and its

potential clients and platform visitors.

 We may amend this Privacy Notice at any time by posting the amended

version on this site including the effective date of the amended version.

We will announce any material changes to this Privacy Notice on our

website.

How do we protect personal information?

 Whales Capital  Fx Company respects the privacy of any user who

access its homepage, and it is therefore committed to taking all

reasonable steps to safeguard any existing or prospective clients,

applicants and website visitors.

 whalescapitalfx.com/ Company keeps any personal data of its clients and its

potential clients in accordance with the applicable privacy and data

protection laws and regulations.

 We have the necessary and appropriate technical and organisational

measures and procedures in place to ensure that your information

remains secure at all times. We regularly train and raise awareness for

all our employees to the importance of maintaining, safeguarding and

respecting your personal information and privacy.

 We regard breaches of individuals’ privacy very seriously and will impose

appropriate disciplinary measures, including dismissal from

employment. We have also appointed a Group Data Protection Officer,

to ensure that our Company manages and processes your personal

information in compliance with the applicable privacy and data

protection laws and regulations, and in accordance with this Privacy

Notice.

 The personal information that you provide us with when applying to

open an account, applying for a role within the Company, or when using

our website, is classified as registered information, which is protected in

several ways. You can access your registered information after logging in

to your account by entering your username and the password that you

have selected. It is your responsibility to make sure that your password

is only known to you and not disclosed to anyone else.

 Registered information is securely stored in a safe location, and only

authorised personnel have access to it via a username and password. All

personal information is transferred to the Company over a secure

connection, and thus all reasonable measures are taken to prevent

unauthorised parties from viewing any such information. Personal

information provided to the Company that does not classify as

registered information is also kept in a safe environment and accessible

by authorised personnel only through username and password.

Informations we may collect about you:

In order to open an account with us, you must first complete and submit a

“create account” form to us by completing the required information. By

completing this form, you are requested to disclose personal information in

order to enable the Company to assess your application and comply with the

relevant laws (including their regulations).

The information that we collect from you are as follows -

 Full name, residential address and contact details (e.g. email address,

telephone number, fax etc.);

 Date of birth, place of birth, gender, citizenship;

 Information on whether you hold a prominent public function (PEP);

 Verification information, which includes information necessary to verify

your identity such as a passport, driver’s licence or Government-issued

identity card);

 Other Personal Information or commercial and/or identification

information – Whatever information we, in our sole discretion, deem

necessary to comply with our legal obligations under various anti-money

laundering (AML) obligations, such as under the European Union’s 4th

AML Directive and the U.S. Bank Secrecy Act (BSA).

Information we collect about you automatically:

Browser Information –

 Information that is automatically collected via analytics systems

providers from your browser, including your IP address and/or domain

name and any external page that referred you to us, your login

information, browser type and version, time zone setting, browser plug-

in types and versions, operating system, and platform;

Log Information –

 Information that is generated by your use of whalescapitalfx.com/ services that

is automatically collected and stored in our server logs. This may include,

but is not limited to, device-specific information, location information,

system activity and any internal and external information related to

pages that you visit, including the full Uniform Resource Locators (URL)

clickstream to, through and from our Website or App (including date and

time; page response times, download errors, length of visits to certain

pages, page interaction information (such as scrolling, clicks, and mouse-

overs), and methods used to browse away from the page.

Lawful basis for processing your personal information:

We will process your personal information on the following bases and for the

following purposes;

Performance of a contract –

 We process personal data in order to provide our services and products,

as well as information regarding our products and services based on the

contractual relationship with our clients (i.e. so as to perform our

contractual obligations). In addition, the processing of personal data

takes place to enable the completion of our client on-boarding process.

 In view of the above, we must verify your identity in order to accept you

as our client and we will use your personal data in order to effectively

manage your trading/investment account with us. This may include third

parties carrying out credit or identity checks on our behalf. The use of

your personal information is necessary for us to know who you are, as

we have a legal obligation to comply with “Know Your Customer” and

customer due diligence regulatory obligations

Compliance with a legal obligation –

 There are a number of legal obligations imposed by relevant laws to

which we are subject, as well as specific statutory requirements e.g. anti-

money laundering laws, financial services laws, corporation laws, privacy

laws and tax laws. There are also various supervisory authorities whose

laws and regulations apply to us.

 Such obligations and requirements imposed on us necessary personal

data processing activities for identity verification, payment processing,

compliance with court orders, tax laws or other reporting obligations

and anti-money laundering controls.

 These obligations apply at various times, including client on-boarding,

payments and systemic checks for risk management.

For the purpose of safeguarding legitimate interests –

We process personal data so as to safeguard the legitimate interests pursued

by us or by a third party. A legitimate interest is when we have a business or

commercial reason to use your information. Example of such processing

activities include the following:

 Initiating legal claims and preparing our defense in litigation

procedures;

 Means and processes we undertake to provide for the Company’s IT and

system security, preventing potential crime, asset security and access

controls;

 Measures for managing the business and for further developing

products and services that best suits our overall client base.

 Sharing your data within the whalescapitalfx.com/ company for the purpose of

updating and/or verifying your personal data in accordance with the

relevant anti-money laundering compliance frameworks, and

 Risk management.

To provide you with products and services, or information about our

products and services, and to review your ongoing needs –

 Once you successfully open an account with us, or subscribe to

information, we must use your personal information to perform our

services and comply with our obligations to you. It is also in our

legitimate interests to try to ensure that we are providing the best

products and services so we may periodically review your needs based

on our assessment of your personal information to ensure that you are

getting the benefit of the best possible products and services from us.

To help us improve our products and services, including support services,

and develop and market new products and services –

 We may, from time-to-time, use personal information provided by you

through your use of the services and/or through client surveys to help us

improve our products and services. It is in our legitimate interests to use

your personal information in this way to try to ensure the highest

standards when providing you with our products and services and to

continue to be a market leader within the cryptocurrency financial

service industry.

To investigate or settle enquiries or disputes –

 We may need to use personal information collected from you to

investigate issues or to settle disputes with you because it is our

legitimate interest to ensure that issues and disputes get investigated

and resolved in a timely and efficient manner.

To comply with applicable laws, subpoenas, court orders, other judicial

process, or the requirements of any applicable regulatory authorities –

 We may need to use your personal information to comply with any

applicable laws and regulations, subpoenas, court orders or other

judicial processes, or requirements of any applicable regulatory

authority. We do this not only to comply with our legal obligations but

because it may also be in our legitimate interest to do so.

To send you surveys –

 From time to time, we may send you surveys as part of our client

feedback process. It is in our legitimate interest to ask for such feedback

to try to ensure that we provide our products and services at the highest

standard. However, we may from time to time also ask you to

participate in other surveys and if you agree to participate in such

surveys we rely on your consent to use the personal information we

collect as part of such surveys. All responses to any survey we send out

whether for client feedback or otherwise will be aggregated and

depersonalised before the results are published and shared.

Data analysis –

 Our website pages and emails may contain web beacons or pixel tags or

any other similar types of data analysis tools that allow us to track

receipt of correspondence and count the number of users that have

visited our webpage or opened our correspondence. We may aggregate

your personal information with the personal information of our other

clients on an anonymous basis (that is, with your personal identifiers

removed), so that more rigorous statistical analysis of general patterns

may lead us to providing better products and services.

 If your personal information is completely anonymised, we do not

require a legal basis as the information will no longer constitute personal

information. If your personal information is not in an anonymised form,

it is in our legitimate interest to continually evaluate that personal

information to ensure that the products and services we provide are

relevant to the market.

Internal business purposes and record keeping –

 whalescapitalfx.com/ may need to process your personal information for

internal business and research purposes as well as for record keeping

purposes. Such processing is in our own legitimate interests and is

required in order to comply with our legal obligations. This may include

any communications that we have with you in relation to the products

and services we provide to you and our relationship with you. We will

also keep records to ensure that you comply with your contractual

obligations pursuant to the agreement (‘Terms of Service”) governing

our relationship with you.

Disclosure of your personal information –

 Whales Capital Fx  Trade Company will not disclose any of its clients’ confidential

information to a third party, except: (a) to the extent that it is required

to do so pursuant to any applicable laws, rules or regulations; (b) if there

is a duty to disclose; (c) if our legitimate business interests require

disclosure; (d) in line with our Terms of Service; (e) at your request or

with your consent or to those described in this Privacy Notice. The

Company will endeavour to make such disclosures on a “need-to-know”

basis, unless otherwise instructed by a regulatory authority. Under such

circumstances, the Company will notify the third party regarding the

confidential nature of any such information.

Where we store your personal data –

 Our operations are supported by a network of computers, servers, and

other infrastructure and information technology, including, but not

limited to, third-party service providers. We and our third-party service

providers and business partners store and process your personal data in

the European Union, Japan, the United Kingdom, the United States of

America and elsewhere in the world.

Privacy when using digital assets and blockchains –

 Your funding of bitcoin, XRP, USDT, PM, ether, and other Digital Assets

on your whalescapitalfx.com/ may be recorded on a public blockchain.

 Public blockchains are distributed ledgers, intended to immutably record

transactions across wide networks of computer systems. Many

blockchains are open to forensic analysis which can lead to

deanonymization and the unintentional revelation of private financial

information, especially when blockchain data is combined with other

data.

 Because blockchains are decentralized or third-party networks which are

not controlled or operated by Whales Capital Fx  or its affiliates, we are not

able to erase, modify, or alter personal data from such networks.

Our products and services are not available to children –

 Our products and services are not directed to persons under the age of

18, hereinafter “Children”, “Child” and we do not knowingly collect

personal information from Children. If we learn that we have

inadvertently gathered personal information from a Child, we will take

legally permissible measures to remove that information from our

records.

 The Company will require the user to close his or her account and will

not allow the use of our products and services. If you are a parent or

guardian of a Child, and you become aware that a Child has provided

personal information to us, please contact us at support@whalescapitalfx.com/

and you may request to exercise your applicable access, rectification,

cancellation, and/or objection rights.

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