Privacy Policy

Onys Kapital Ltd is a Securities Dealer Licensee regulated and authorised by the Financial Services Authority (FSA) of Seychelles under licence number SD128 (the “Company”).

For the purposes of the Data Protection Act, 2023, the Company acts as the data controller in respect of personal information collected through its website, products and services.

We understand the importance of maintaining the confidentiality and privacy of personal information that we hold about our clients and other third parties. This Privacy Policy Statement outlines how we manage and protect the personal information you give us and hold about our clients. By accessing our website or using our services, you acknowledge that you have read and understood this Privacy Policy. Where required by applicable law, the Company will obtain your consent before processing personal data.

This Statement should be read together with any client agreements, account opening documentation, consent forms, terms and conditions or other notices provided by the Company from time to time.

This Statement will be reviewed periodically to take account of changes to our operations or practices and to make sure it remains appropriate to any changes in law, technology and the business environment. You should check this Statement from time to time to remain informed of any updates or changes. Any information held by the Company will be governed by the most current version of this Statement, which will be made available on the Company’s website.

Collection and Processing of Personal Information

In order to open an account with us, you must first complete and submit an application form by providing the required information and supporting documentation. By completing this application form, you are requested to disclose personal information in order to enable the Company to assess your application, provide its services and comply with the relevant rules and regulations. The information you provide may also be used by the Company to communicate with you regarding its products and services.

We obtain this information in a number of ways through your use of our services, including through any of our websites, apps, the account opening applications, our demo sign-up forms, webinar sign-up forms, subscribing to news updates, and from information provided in the course of ongoing customer service communications. We may also collect this information about you from third parties such as publicly available sources, identity verification providers, regulatory databases and other service providers.

Furthermore, to comply with the Securities (Conduct of Business) (Amendment) Regulations, 2024, we must collect and process additional information required to classify you as either a Retail or Professional client. This includes gathering data for the appropriateness assessment, such as your knowledge and understanding of relevant financial markets, the length of time and frequency of your participation in such markets, the size and nature of past transactions, your financial qualifications, and the composition and size of your existing financial investment portfolio. For individuals seeking classification as a Professional Client, we will evaluate your net assets, strictly excluding the value of the building where you are domiciled (your primary residence) and any representation of fiat currency.

The personal data you provide us with is used to verify your contact information and identity details, and to conduct customer due diligence and ongoing monitoring. We also use personal data to register clients, open and configure trading accounts, and issue activation codes and passwords. By providing contact information, you help us improve our services and promptly communicate the availability of additional services, features and promotions we may be offering.

If you choose not to provide the information when we need it to fulfil your request for a specific product or service, we may not be able to provide you with the requested product or service.

How We Use Cookies

When you use our website, we will use cookies to distinguish you from other users of our website. This helps us to provide you with a more relevant and effective experience when you browse our website, including presenting websites according to your needs or preferences, and allows us to improve the site generally.

Disclosure of the Personal Information

The Company shall not disclose any of its clients’ confidential information to a third party, except:

to the extent that it is required to do so pursuant to any applicable laws, rules and/or regulations; and/or
if there is a duty to the public to disclose; and/or
if our legitimate business interests require disclosure; and/or
at your request or with your consent, or to persons described in this Statement.

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.

Depending on the products and services concerned and the relevant restrictions on sensitive data, personal information may be disclosed to:

potential successors in title to our business;
third party consultants, contractors or other service providers who may access your personal information when providing services (including but not limited to IT support services) to us;
any organisation or person acting on your behalf to whom you request us to provide information, including your financial advisor, broker, solicitor or accountant;
third parties where it is necessary to process a transaction or provide services you have requested;
a Trade Repository or similar;
banks, where they request additional information following payments that you have made;
credit providers, courts, tribunals and regulatory authorities in response to legal and regulatory requests, or other government agencies, as agreed or authorised by law;
auditors, contractors or other advisers auditing, assisting with or advising on any of our business purposes, in any jurisdiction where we operate;
any party, at your request or with your consent.

Where our use of your personal information requires your consent, such consent will be provided in accordance with the express written terms which govern our business relationship (which are available on our website(s) as amended from time to time), or any other contract we may have entered into with you, or as set out in our communication with you from time to time.

By submitting any personal information (including, without limitation, your account details) to us, you consent to the use of information as set out in this Statement. We reserve the right to amend or modify this Statement and, if we do so, we will post the changes on the Website. It is your responsibility to check the Privacy Policy when you submit information to us. Your use of the Website will signify that you agree to any such changes.

If we rely on your consent as our legal basis for holding and processing your personal information, you have the right to withdraw that consent at any time by contacting us using the contact details set out in this Privacy Policy.

Storage of Your Personal Information and Retention Period

Safeguarding the privacy of your information is of utmost importance to us, whether you interact with us personally, by phone, by mail, over the internet or any other electronic medium. We will hold personal information for as long as we have a business relationship with you, in a combination of secure computer storage facilities, paper-based files and other records, and we take the necessary measures to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.

The Company may also retain client account records, transaction records, correspondence, complaint records and other documentation required under applicable securities, anti-money laundering and financial services regulations for the periods prescribed by law.

When we consider that personal information is no longer necessary for the purpose for which it was collected, we will remove any details that will identify you or we will securely destroy the records. However, we may need to maintain records for a significant period of time. For example, we are subject to certain anti-money laundering laws which require us to retain the following for a period of seven (7) years after our business relationship with you has ended:

a copy of the documents we used in order to comply with our customer due diligence obligations;
supporting evidence and records of transactions with you and your relationship with us.

Also, the personal information we hold in the form of a recorded communication, by telephone, electronically, in person or otherwise, will be held in line with local regulatory requirements (i.e. seven years after our business relationship with you has ended). Where you have opted out of receiving marketing communications, we will hold your details on our suppression list so that we know you do not want to receive these communications.

We may keep your data for longer than seven years if we cannot delete it for legal, regulatory or technical reasons.

Amendments

We may, at any time and at our discretion, vary this Policy. We will notify you, if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.

How to Contact Us

If you have any questions regarding this Policy, wish to access or change your information, or if you have any questions about security on our website, you may email us at [email protected].