OPTIONS DESK PLATFORM PRIVACY POLICY

The Options Desk online on-boarding platform (the Platform) is provided by AMT Futures Limited (trading as Options Desk) (‘we’, ‘our’ or ‘us’). We are the controller of personal data provided by you via the Platform, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.

When you use the Platform, we collect, use and are responsible for certain information relating to you (your personal data). When we do so, we are subject to the UK General Data Protection Regulation (UK GDPR).

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share any of your personal data in connection with your use of the Platform. It also explains your rights in relation to your personal data and how to contact us or a relevant regulator in the event you have a complaint.

 

1. What this policy applies to

This privacy policy relates to your use of the Platform only. It does not relate to any Personal Data you may provide to us in the course of your use of our website (www.optionsdesk.com) or, unless we agree otherwise, in the course of any contractual relationship you may have with us as a client.

Information regarding our use of personal data you provide to us in the course of your use of our website can be found at https://optionsdesk.com/privacy–policy/. Information regarding our use of personal data obtained in the context of any contractual relationship you may have with us is detailed in the trading account documentation provided to you.

 

2. What is the Platform?

Before we enter into any trading relationship with you or provide any services to you, we are legally required to undertake certain checks about you and need you to confirm your agreement to certain terms. This process is called “on-boarding”.

The checks we carry out include “Know Your Client” checks, checks designed to prevent money laundering and other fraudulent activity and checks to confirm whether it is appropriate for us to provide our services to you. To carry out these checks, we need you to provide certain information (e.g. regarding your identity and investment experience).

The Platform is a web-based application that provides you with a user-friendly way to send us relevant information for these checks, to simplify the processes by which we carry out these checks and to increase efficiency in our on-boarding processes for clients.

 

3. Personal data we collect about you through the Platform

If you use the Platform, you will be asked to provide us with certain types of personal data and we will collect and use the following personal data about you:

• your name and contact information, including email address and telephone number
• your gender
• your date and place of birth
identification documents (such as a copy of your passport) and biometric data (namely facial
images allowing the unique identification of an individual)
• your nationality, residential status and tax status
• your financial circumstances (including whether you have dependants, property ownership
and net asset information)
• details about your investment experience
• your employment status and history
• your banking details
• your account details for the Platform, such as username and login details
• your activities on, and use of, the Platform
We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below.

IMPORTANT NOTE: Certain personal data we collect is treated as a special category to which additional protections apply under data protection law. Please see ‘Special category personal data’ below for further information.

 

4. How your personal data is collected

We collect personal data from you:
• directly, when you provide this to us by following the instructions for providing information set out on the Platform or by contacting us (including via email);
• directly from a third party, such as sanctions screening providers and client due diligence providers where necessary to fulfil the purpose of the Platform (see ‘How and why we use your personal data’ below); and
• indirectly, such as your activity while using the Platform; we will usually collect information indirectly using the technologies explain in the section on ‘Cookies’ below.

 

5. How and why we use your personal data

What we use your personal data for	Our reasons
Creating and managing your account on the Platform	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so the Platform can deliver the best service to you.
To verify your identity and relevant information about you before entering into a contract with you	To comply with our legal and regulatory obligations, including in relation to fraud prevention and anti-money laundering regulations to which we are subject.
To assess your investment experience and knowledge before offering services to you	To comply with our legal and regulatory obligations in relation to assessing whether it is appropriate for us to offer services to you.
To enforce legal rights or defend or undertake legal proceedings	Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests or those of a third party, i.e. to protect our business, interests and rights or those of others
To customise the Platform and its content to your particular preferences based on a record of your selected preferences or on your use of the Platform.	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so the Platform can deliver the best service to you (see ‘Cookies’ below).
Retaining and evaluating information on your recent visits to the Platform and how you use the Platform.	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so the Platform can deliver the best service to you (see ‘Cookies’ below).
Protecting the security of systems and data	To comply with our legal and regulatory obligationsWe may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests or those of a third party, i.e. to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
Statistical analysis to help us manage our business, e.g. in relation to our client base, compliance processes, web-based tools or other efficiency measures	Platform can deliver the best service to you
Updating and enhancing customer records	Depending on the circumstances: —to perform our contract with you or to take steps at your request before entering into a contract —to comply with our legal and regulatory obligations —where neither of the above apply, for our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing and new services
Disclosures and other activities necessary to comply with legal and regulatory obligations that apply to our business, e.g. to record and demonstrate evidence of your consents where relevant	To comply with our legal and regulatory obligations
External audits and quality checks, e.g. for the audit of our accounts	For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards

 

See ‘Who we share your personal data with’ for further information on the steps we will take to protect your personal data where we need to share it with others.

 

6. Marketing

While we will use your personal data for a variety of purposes related to the Platform (see ‘How and why we use your personal data’ above), personal data collected by us through the Platform will not be used for marketing purposes without your consent.

 

7. Who we share your personal data with
The Platform requires the routine sharing of personal data with other third parties who have been chosen to help us run the Platform. As a result, personal data provided to us through the Platform will be shared with:

• the host of the Platform
• providers of functional and data analytics services for the Platform
• third parties who provide cloud computing and storage services to allow the proper functioning of the Platform
• third parties who provide ID authentication, “face matching” and “liveness testing” services for the Platform
• Know Your Customer (KYC) service providers that help us with identity verification or fraud checks

We only allow these organisations to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We limit the information we share with each organisation to that needed for them to provide the relevant service for the Platform. We will only transfer personal data to these organisations where appropriate security measures are in place. We or the third parties mentioned above may occasionally also need to share personal data with:

external auditors, e.g. in relation to the audit of our accounts, in which case the recipient of the information will be bound by confidentiality obligations
• professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
• law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations
• other parties in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations
If you would like more information about who we share data with and why, please contact us (see ‘How to contact us’ below).

 

8. How long your personal data will be kept

We will not keep your personal data for longer than we need it for the purpose for which it is used. Where you provide us with personal data through the Platform and subsequently become a client of ours, we will continue to hold such personal data as described in the terms of the trading account documentation provided to you.

If you provide us with personal data through the Platform and subsequently do not become a client of ours, we will hold your personal data for seven years. In some circumstances, such as cases of fraud, we may keep data for longer if we need to or are required to by law.

When we have no ongoing legitimate business need to hold your personal information, we will either delete or anonymise it. If we can’t do this (for example, because your personal information is stored in backup archives), we’ll securely store your personal information, only use it for a purpose we’ve already communicated to you, and isolate it from any further processing until archives are deleted.

 

9. Transferring your personal data out of the UK

Countries outside of the UK have differing data protection laws, some of which may provide lower levels of protection of privacy. It is sometimes necessary for us to transfer your personal data to countries outside the UK as part of the running of the Platform. In those cases we will comply with
applicable UK laws designed to ensure the privacy of your personal data.

Your personal data may be transferred to our service providers located outside the UK in the European Economic Area (EEA) and the United States of America. Where we (or our service providers on our behalf) transfer your personal data outside the UK, this is done on the basis of legally-approved standard data protection clauses recognised under the UK GDPR (Standard Clauses).

In the event we cannot or choose not to continue to rely on this mechanism at any time, we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.

Any changes to the destinations to which we send personal data or in the transfer mechanisms we rely on to transfer personal data internationally will be notified to you in accordance with the section on ‘Changes to this policy’ below.

If you would like further information about data transferred outside the UK, or to obtain a copy of the Standard Clauses, please contact us (see ‘How to contact us’ below).

 

10. Special category personal data

As noted above, certain personal data we collect through the Platform is treated as a special category to which additional protections apply under data protection law. Special category personal data we collect through the Platform is limited to:

• personal data revealing your racial or ethnic origin, if this can be deduced from other personal data you provide us (such as a copy of your passport) (Origin Data); and
• biometric data relating to facial recognition, which is used to uniquely identify you as an individual (Biometric Data). Where we process special category personal data, we will ensure we are permitted to do so under data protection laws either:
• because we have your explicit consent;
• the processing is necessary protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent; or
• the processing is necessary to establish, exercise or defend legal claims.

Before you are granted access to the Platform, you will be asked to confirm that you have read this policy and expressly agreed to the processing of your special category personal data as described in this section. The remainder of this section describes how and why we process special category personal data collected through the Platform. Why we process special category personal data

We process special category personal data you provide for the reasons outlined below:

Category	What we use your personal data for	Our reasons
Origin Data	This personal data will be provided incidentally if it can be deduced from other personal data you provide to us. We do not, therefore, use this data for any express purpose and it will only be processed in the same way as the personal data from which it can be deduced (the Initial Data).	It is necessary to process Origin Data to allow us to fulfil the purpose for which we process the Initial Data (see ‘How and why we use your personal data’ above).
Biometric Data	To verify your identity and relevant information about you before entering into a contract with you	To comply with our legal and regulatory obligations, including in relation to fraud prevention and anti-money laundering regulations to which we are subject
	To enforce legal rights or defend or undertake legal proceedings	Depending on the circumstances:
	Protecting the security of systems and data	To comply with our legal and regulatory obligations We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests or those of a third party, i.e. to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
	Disclosures and other activities necessary to comply with legal and regulatory obligations that apply to our business, e.g. to record and demonstrate evidence of your consents where relevant	Depending on the circumstances: — your consent as gathered by the cookies consent tool on our website —see ‘Cookies’ below —where we are not required to obtain your consent and do not do so, for our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service to you
	Communications with you not related to marketing, including about changes to our terms or policies or changes to the services or other important notices	Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service to you
	Protecting the security of systems and data	To comply with our legal and regulatory obligations We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests or those of a third party, i.e. to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
	Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service to you
	Updating and enhancing customer records	Depending on the circumstances: —to perform our contract with you or to take steps at your request before entering into a contract —to comply with our legal and regulatory obligations —where neither of the above apply, for our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing and new services
	Disclosures and other activities necessary to comply with legal and regulatory obligations that apply to our business, e.g. to record and demonstrate evidence of your consents where relevant	To comply with our legal and regulatory obligations

 

How we process special category personal data?

Origin Data and Biometric Data provided through the Platform will be processed as follows:

How data is processed	Relevant details
Storage	The data will be transferred to, and stored by, servers located in the UK and provided by a third party cloud computing and storage services provider. Please see ‘Who we share your personal data with’ and ‘How long your personal data will be kept’ above for further details.
Transfer	The data will also be transferred to a third party service provider located in the United States of America (the Provider) who will conduct identity authentication and verification services in relation to the data provided (see below). The transfer of this data will be governed by Standard Clauses between the Provider and the third party engaged by us to facilitate the proper operation of the Platform. Please see ‘Transferring your personal data out of the UK’ above for further details.
Identity authentication and verification services Facial recognition and “liveness” testing (Biometric Data only)	Following receipt of the relevant data through the Platform, the Provider will conduct the tests described on the relevant Initial Data and Biometric Data and provide the results of such testing to us. The Provider will destroy any records of this personal data immediately following communication of the results of the tests to us and shall not retain any copies of this data. The results of these tests, together with the relevant personal data, will be stored as outlined under “Storage” above and be accessible to us so that we may review them as part of our on–boarding processes for potential clients.

 

Access to a copy of your personal data	The right to be provided with a copy of your personal data A more detailed explanation of this right under UK law is available here
Correction (also known as rectification)	The right to require us to correct any mistakes in your personal data A more detailed explanation of this right under UK law is available here
Erasure (also known as the right to be forgotten)	The right to require us to delete your personal data—in certain situations A more detailed explanation of this right under UK law is available here
Restriction of use	The right to require us to restrict use of your personal data in certain circumstances, e.g. if you contest the accuracy of the data A more detailed explanation of this right under UK law is available here
Data portability	The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations A more detailed explanation of this right under UK law is available here
To object to use	The right to object: —at any time to your personal data being used for direct marketing (including profiling) —in certain other situations to our continued use of your personal data, e.g. where we use your personal data for our legitimate interests. A more detailed explanation of this right under UK law is available here
Not to be subject to decisions without human involvement	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you We do not make any such decisions based on data collected by our website. A more detailed explanation of this right under UK law is available here

 

For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on your rights under the UK GDPR.

If you would like to exercise any of those rights, please email, call or write to us—see below: ‘How to contact us’. When contacting us please:

• provide enough information to identify yourself and any additional identity information we may reasonably request from you, and
• let us know which right(s) you want to exercise and the information to which your request relates

Please note that if you do not provide personal data where requested by the Platform, or subsequently require us to restrict our use of personal data you have provided through the Platform, this may prevent you from using the Platform (in whole or in part) and delay or prevent us from completing necessary on-boarding processes which need to be undertaken before you can become a client.

 

13. Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully in relation to the Platform. We limit access to your personal data to those who have a genuine business need to access it. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit http://www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

 

14. How to complain
Please contact us if you have any queries or concerns about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with the Information Commissioner in the UK.

The UK’s Information Commissioner may be contacted at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.

 

15. Changes to this policy
We may change this privacy policy from time to time—when we make significant changes we will take steps to inform you, if we hold your contact details, by email, before we make any changes unless we are required to make the change sooner (for example due to regulatory reasons).

 

16. How to contact us
You can contact us by post, email or telephone if you have any questions about this policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.

Our contact details are shown below:
– Address: Level 35, 110 Bishopsgate, London, EC2N 4AY, United Kingdom
– Email address: info@optionsdesk.com
– Telephone: +44 (0) 20 7466 5665