TGEX Privacy Policy

Updated Date: Oct 25, 2024

Welcome to the TGEX Privacy Policy ("Privacy Policy"). This Privacy Policy (this "Policy") applies to the trading platform (including any applicable mobile applications and websites used to access the same) (collectively the"Platform") provided by TGEX GLOBAL LTD (the "Company","we", "us" or "our"). It describes how the Company collects, uses, and discloses Personal Information that we obtain from Users of the Platform and any account services provided through the Platform, and how we use and disclose that information. For purposes of this Policy,"Personal Information" refers to any information provided by a User that can be used to identify that User, either directly or indirectly.

By registering for and using the Platform, you agree that your Personal Information will be handled as described in this Policy and the Terms and Conditions applicable to the Platform (the"Service Agreement"); capitalized terms used herein shall have the same meaning as set forth in the Service Agreement.

By signing up for and utilizing the Platform, you consent to the handling of your Personal Information in accordance with this Policy and the Terms and Conditions relevant to the Platform (referred to as the "Service Agreement"); any capitalized terms used in this document will have the same definitions as those provided in the Service Agreement.

Our duties and your duties in case of changes

We periodically assess our Privacy Policy. The most recent update to this version is noted on the date mentioned above. We encourage you to check back occasionally for any new versions of the Privacy Policy. Additionally, we will notify you of any significant changes to this Privacy Policy in a way that ensures you are aware of the updates. It is essential that the personal data we maintain about you is accurate and current. Please inform us if there are any changes to your personal data during your time with us.

Third-party links

The Site, along with any relevant web browsers, the App, or application programming interfaces needed to access the Services ("Applications"), may contain links to third-party websites, plug-ins, and applications ("Third-Party Sites"). By clicking on these links or enabling these connections, you may allow third parties to gather or share information about you. We do not have control over these Third-Party Sites and are not liable for their privacy statements and policies. When you exit our Site or Applications, we recommend that you review the Privacy Policy or policy of each Third-Party Site you visit or utilize.

What data we collect about you

Personal data

Personal data, or personal information means any information that relates to an identified or identifiable living individual. This includes information you provide to us, information which is collected about you automatically, and information we obtain from third parties.

A "data subject" is an individual who can be identified, directly or indirectly, by personal data. This is usually by reference to an identifier such as a name, 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.

We collect the following types of information from you:

Category of personal data	Examples of specific pieces of personal data
Identity Data	full name maiden name username or similar identifier date of birth biometric information, including a visual image of your face national identity card, passport, driving licence or other form of an identification document.
Contact Data	country of residence email address or telephone numbers proof of address documentation (if applicable)
Financial Data	bank account payment card details virtual currency accounts stored value accounts
Transactional Data	details about transaction to and from you other details of any transactions you enter into using the Services, Site or App.
Technical Data	internet connectivity data internet protocol (IP) address operator and carrier data login data browser type and version device type, category and model time zone setting and location data language data application version and SDK version browser plug-in types and versions operating system and platform diagnostics data such as crash logs and any other data we collect for the purposes of measuring technical diagnostics, and other information stored on or available regarding the devices you allow us access to when you visit the Site, or use the Services or the App.
Profile Data	username and password identification number as our user information on whether you have TGEX App account and the email associated with your accounts requests by you for products or services your interests, preferences and feedback other information generated by you when you communicate with us, for example when you address a request to our customer support.
Usage Data	information about how you use the Site, the Services, mobile applications and other offerings made available by us, including: device download time install time interaction type and time event time, name and source.
Marketing and Communications Data	your preferences in receiving marketing from us or third parties your communication preferences your survey responses.

As explained above under Identity Data, we will also collect a visual image of your face which we will use, in conjunction with our sub-contractors (See Section Disclosures of Your Data below), to check your identity for onboarding and fraud prevention purposes. This data falls within the scope of special categories of data.

How we collect your data

We use different methods to collect information from and about you, including through:

Direct interactions. You may provide us with your Identity Data, Social Identity Data, Contact Data, Financial Data, Profile Data and Marketing and Communications Data by directly interacting with us, including by filling in forms, providing a visual image of yourself via the Service, by email or otherwise. This includes personal data you provide when you:

Visit our Site or App;
Apply for our Services;
Create an account;
Make use of any of our Services;
Request marketing to be sent to you, for example by subscribing to our newsletters;
Enter a competition, promotion or survey, including through social media channels; or
Give us feedback or contact us.

Automated technologies or interactions. As you interact with us via our Site or App, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other online identifiers. We will also collect Transactional Data and Usage Data. We may also receive Technical Data and Marketing and Communications Data about you if you visit other websites employing our cookies. You may find more information about how we use cookies through the Cookie Preferences.

Social media widgets and similar links. Our Site may contain links, social media plug-ins, "widgets", "tweet", "share" and "like" buttons linked to social media platforms such as Facebook, X (Twitter), Instagram, Threads, Discord, LinkedIn, Reddit and Telegram.

How we use your data

Lawful basis

We will only use your personal data when the applicable legislation allows us to. In other words, we must ensure that we have a lawful basis for such use.

Most commonly, we will use your personal data in the following circumstances:

performance of a contract: means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract; we use this basis for provision of our Services;
legitimate interests: means our interests (or those of a third party), where we make sure we use this basis as far as your interests and individual rights do not override those interests;
compliance with a legal obligation: means processing your personal data where we need to comply with a legal obligation we are subject to;
consent: means freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to you; under specific circumstances this consent should be explicit – if this is the case, we will ask for it properly.

Purposes for which we use your personal data

We have set out below, in table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose and/or activity	Categories of personal data	Legal basis for processing
To register you as a new customer	Identity Data Contact Data Financial Data	Performance of a contract
To carry out and comply with anti-money laundering requirements	Identity Data Contact Data Financial Data Transactional Data Technical Data Profile Data	Compliance with a legal obligation
To process and deliver the Services (including products offered by third-party service providers with whom we work) and any App features to you, including to execute, manage and process any instructions or orders you make through the Services	Identity Data Contact Data Financial Data Transactional Data Technical Data	Performance of a contract Consent, if required
To prevent abuse of our Services and promotions	Identity Data Contact Data Financial Data Transactional Data Technical Data Marketing and Communications Data	Legitimate interests: safeguarding the security and integrity of our Services by detecting and preventing fraud and unauthorized activities, thereby protecting both our business and our customers
To manage our relationship with you which will include asking you to leave a review, take a survey or keeping you informed of our company's business and product development	Identity Data Contact Data Profile Data Transactional Data Marketing and Communications Data	Performance of a contract Consent, if required
To keep our recordsupdated and to studyhow customers use ourproducts/services	Identity Data Contact Data Profile Data Transactional Data Technical Data Marketing and Communications Data	Legitimate interests: to maintain accurate customer data for effective service and informed business decisions, and to enhance our offerings by understanding customer interactions Consent, if required
To manage, process, collect and transfer payments, fees and charges	Identity Data Contact Data Financial Data Transactional Data	Performance of a contract
To obey applicable legislation and handle complaints, including: manage risk and crime prevention involving performance of anti-money laundering, counter terrorism, sanction screening, fraud and other background checks detect, investigate, report and prevent financial crime in a broad sense and ensure your account's security, in order to honor requests regarding information and/or changes to your account	Identity Data Contact Data Financial Data Transactional Data Technical Data Profile Data Usage Data Sensitive Data (a.k.a. Special Categories Data*) data that you give us directly or that we receive from third parties and/or publicly available sources: - data which might be revealed by KYC or other background checks (for example, because it has been reported in the press or is available in public registers); - data collected via facial scan as part of identity verification processes; - data that is incidentally revealed by photographic ID although we do not intentionally process this personal data.	Compliance with a legal obligation Performance of a contract• Legitimate interests: ensuring that we are not involved in dealing with the proceeds of criminal activities and do not assist in any other unlawful or fraudulent activities, as well as to develop and improve our internal systems for dealing with financial crime and to ensure effective dealing with complaints* Special Categories Data: where we process such data we rely on reasons of substantial public interest under the Seychelles AML CFT Act, the EU AML Directives, the UK AML framework and so forth.
To enable you to partake in a prize draw, competition or complete a survey	Identity Data Contact Data Profile Data Usage Data Marketing and Communications Data	Performance of a contract Consent, if required
To gather market data for studying customers' behavior including their preference, interest and how they use our products/services, determining our marketing campaigns and growing our business	Identity Data Contact Data Profile Data Usage Data Marketing and Communications Data	Legitimate interests: understanding our customers and improving our products and services
To administer and protect our business, our Site, App(s) and social media channels including bans, troubleshooting, data analysis, testing, system maintenance, support, reporting, hosting of data	Identity Data Contact Data Financial Data Technical Data Transactional Data Usage Data	Legitimate interests: to run our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	Identity Data Contact Data Profile Data Usage Data Technical Data Marketing and Communications Data	Legitimate interests: to study how customers use our products/services, to develop them, to grow our business and to form our marketing strategy Consent, if required
To use data analytics to improve our website, products/services, marketing, customer/user relationships and experiences	Technical Data Usage Data Marketing and Communications Data	Legitimate interests: to define types of customers/users for our products and services, to keep our website updated and relevant, to develop our business and to form our marketing strategy Consent, if required
To make suggestions and recommendations to you about goods or services that may be of interest to you	Identity Data Contact Dat Technical Data Usage Data Profile Data Marketing and Communications Data	Legitimate interests: to develop our products/services and grow our business Consent, if required
To use the services of social media platforms or advertising platforms some of which will use the personal data they receive for their own purposes, including marketing purposes	Technical Data Usage Data	Consent
To use the services of and enter into partnerships with, financial institutions, third-party partners whose products form a part of the Services offered, crime and fraud prevention companies, risk measuring companies, which will use the personal data they receive for their own purposes in their capacity of independent controllers	Identity Data Contact Dat Financial Dat Transactional Data Technical Data• Usage Data	Legitimate interests: to conduct our business activities and provide the Services to you, and to participate actively in the prevention of crime and fraud

Automated Decision Making

What is an automated decision?

Automated decision is usually a decision that may impact you and is made automatically based on software algorithms, without human intervention. As an illustrative example, we use automated decisions to complete the onboarding process of a new customer or to perform anti-fraud monitoring.

Why is an automated decision important to you?

Depending on the particular case, using your personal data may lead to automated decisions being taken (including profiling) that legally affect you or similarly significantly affect you.

How do we protect your interests regarding automated decisions?

The rights and interests of individuals whose personal data undergoes automated decision-making is safeguarded through appropriate measures. When an automated decision is made about you, you have the right to oppose the decision.. If you need more detailed information or wish to exercise this right, please contact us.

Marketing

We may use your Identity Data, Contact Data, Technical Data, Transactional Data, Usage Data and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us and consented to receive marketing communications, or if you have purchased from us and you have not opted out of receiving such communications. We will use your Marketing and Communications Data for our respective activities.

Third-party marketing

We will obtain your opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

Youmay opt out of marketing communications at any time by following the opt-out links on any marketing message sent to you.

Further, you can login and cancel the marketing messages in Notifications.

Where you opt out of receiving marketing messages, this will not apply to service messages which are directly related to the use of our Services (e.g. maintenance, change in the terms and conditions and so forth).

Our Use of Cookies and Other Tracking Mechanisms

We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Platform. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Cookies.

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Platform, while others are used to enable a faster log-in process or to allow us to track your activities at our Platform. There are two types of cookies: session and persistent cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Platform. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Platform.
Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
Please note that our systems do not currently respond to do-not-track signals.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The general settings on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Users of our Platform who disable cookies will not be able to browse certain areas of the Platform.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Platform. We also may use other analytic means to evaluate our Platform. We use these tools to help us improve our Platform, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your Personal Information with these third parties.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Sale or transfer of business

We may also need to process your data in connection with or during the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving all or a part of our shares, business or assets. This will be based on our legitimate interests in carrying out such transactions, or to meet our legal obligations.

Disclosures of your data

We may share your personal data with our third-party service providers, agents, subcontractors and other associated organizations, our group companies, and affiliates (as described below) in order to complete tasks and provide the Services and use of the App to you on our behalf. When using third party service providers, they are required to respect the security of your personal data and to treat it in accordance with the law.

We pass your personal data to the following entities:

Companies and organizations that assist us in processing, verifying or refunding transactions/orders you make and in providing any of the Services that you have requested;
Third-party service providers with whom we work and whose products, services or applications are hosted/integrated on our Site and App;
Identity verification agencies to undertake required verification checks;
Fraud or crime prevention agencies to help fight against crimes including fraud, money-laundering and terrorist financing;
Anyone to whom we lawfully transfer or may transfer our rights and duties under the relevant terms and conditions governing the use of any of the Services;
Any third party because of any restructure, sale or acquisition of our group or any affiliates, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us; and
Regulatory and law enforcement authorities, whether they are outside or inside the Republic of Seychelles, where the law allows or requires us to do so.

Specifics regarding the use of blockchain

The blockchain technology used in the provision of certain Services operates on a decentralized network, where transactions are recorded in an immutable and transparent manner. This characteristic ensures the integrity and security of the data stored on the blockchain. However, it also means that once data is added to the blockchain, it becomes virtually impossible to remove or delete it.

Transfer of Information

Please note, we may store your Personal Information on servers located in the countries where our main offices are located. If such jurisdiction is outside your jurisdiction of residence, you consent to the transfer of your Personal Information to such jurisdiction for purposes of providing the Platform to you, even if such other jurisdiction has less protection for Personal Information than your jurisdiction of residence. We will ensure that security provisions are in place consistent with our obligations to maintain the security of your Personal Information under the laws of your jurisdiction of residence.

Data security

While there is an inherent risk in any data being shared over the internet, we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, damaged, or accessed in an unauthorised or unlawful way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

Depending on the nature of the risks presented by the proposed processing of your personal data, we will have in place the following appropriate security measures:

Organisational measures (including but not limited to staff training and policy development);
Technical measures (including but not limited to physical protection of data, pseudonymization and encryption); and
Securing ongoing availability, integrity, and accessibility (including but not limited to ensuring appropriate back-ups of personal data are held).

We have put in place procedures to deal with any suspected personal data breach and will notify you and any relevant regulator of a breach where we are legally required to do so.

Data retention

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Here are some exemplary factors which we usually consider when determining how long we need to retain your personal data:

in the event of a complaint;
if we reasonably believe there is a prospect of litigation in respect to our relationship with you or if we consider that we need to keep information to defend possible future legal claims (e.g. email addresses and content, chats, letters will be kept up to 10 years following the end of our relationship, depending on the limitation period applicable in your country);
to comply with any applicable legal and/or regulatory requirements with respect to certain types of personal data:
under the Seychelles AML CFT Act we are obliged to retain your personal data for a period of at least 7 years after the end of the relationship between us as a company and you as a customer; this period may be further extended in certain cases if so provided by and in accordance with the applicable legislation;
if information is needed for audit purposes and so forth;
in accordance with relevant industry standards or guidelines;
in accordance with our legitimate business need to prevent abuse of the promotions that we launch. We will retain a customer’s personal data for the time of the promotion and for a certain period after its end to prevent the appearance of abusive behavior.

Please note that under certain condition(s), you can ask us to delete your data: see your legal rights below for further information. We will honor your deletion request ONLY if the condition(s) is met.

Your legal rights

You have rights we need to make you aware of. The rights available to you depend on our reason for processing your personal data. If you need more detailed information or wish to exercise any of the rights set out below, please contact us.

You may:

Request access to your personal data;
Request rectification of your personal data by asking us to rectify information you think is inaccurate and to complete information you think is incomplete (subject to our verification of the accuracy of the new data you provide to us);
Request erasure (cancellation or deletion) of your personal data; note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you. In addition, please also check sub-section "Specifics regarding the use of the blockchain" above;
Object to the processing of your personal data, where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms; in some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms; you also have the right to object where we are processing your personal data for direct marketing purposes;
Require that decisions be reconsidered if they are made solely by automated means, without human intervention (detailed explanation in Section 6 above);
Request restriction of processing your personal data, which enables you to request us to suspend the processing of your personal data, if you want us to establish the data accuracy; where our use of the data is unlawful; where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims, or if you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it;
Request the transfer of your personal data to you or to a third party, and we will provide to you, or a third party you have chosen (where technically feasible), your personal data in a structured, commonly used, machine-readable format; note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you;
Withdraw consent at any time where we are relying on consent to process your personal data; however, this will not affect the lawfulness of any processing carried out before you withdraw your consent; if you withdraw your consent, we may not be able to provide certain products or services to you, but we will advise you if this is the case at the time you withdraw your consent;
Complain to the Seychelles’ Information Commission, or you may also contact your local competent data protection authority about any perceived violation and to seek compensation for damages in the courts.

Period for replying to a legitimate request

In light of the different privacy laws that apply to us, we strive to respond to legitimate requests within one month. Please be aware that we may ask you to provide certain information needed to verify your identity when you seek to exercise a legal right concerning your personal data.

Contact Us

You may contact us at support@tgex.com for any issues in relation to the processing of your personal data.