Privacy Policy
PRIVACY PROTECTION
Kanak House Bullion (KHB) respects the privacy of any users who access its website(s), and therefore is committed to taking all reasonable steps to safeguard the privacy and confidential information of all clients and visitors of our website, in accordance with the applicable data protection laws and regulations.
To ensure this, we have trained our staff on the importance protecting and respecting your personal information and privacy. The personal information you provide us with when registering yourself as a user of the Company’s website(s) or of its services is classified as registered information, which is protected in several different ways. You can access your registered information after logging in to www.kanakbullion.com
It is your responsibility to make sure that your password is only known to you and not disclosed to anyone else. Your registered information is securely stored with us, and only authorized staff have access to this information. Please also note that transfer of information via the internet is not always entirely secure, but we have taken significant precautions to assure that your personal data is being protected.
PERSONAL INFORMATION WE COLLECT
As part of our application process and in order to open any type of account with us, you must first complete and submit an application form with all the required information. By completing this application 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 you provide may also be used by the Company to inform you regarding its services.
The information that we may collect from you includes the following:
- Full name
- Residential address
- Contact details (e.g. telephone number, email address, etc.)
- Date of birth, gender, citizenship
- Information about your income and wealth, including details about your source of funds, bank account information
- Profession and employment details
- Authentication data (e.g. signature)
- Location data
- Trading performance, knowledge and experience
- Verification information, which includes information necessary to verify your identity such as a passport or driver’s license (examples also include background information we receive about you from public records or from other entities not affiliated with us). Furthermore, we may collect other identifiable information, such as identification numbers and/or passport
We obtain this information in a number of ways through your use of our services, including through any of our websites, apps, and the account opening applications, our demo account forms or customer service communications. We may also collect this information about you from third parties such your payment providers and through publicly available sources. We also keep records of your buying & selling behaviour, including records regarding the following:
- Products you trade with us and their performance
- Historical data about the trades and investments you have made, including your input of advance money.
- Your preference for certain types of products and services.
If you choose not to provide the information, we need to fulfil your request for a specific product or service, we may not be able to provide you with the requested product or service.
We may record any communications, electronic, by telephone, in person or otherwise, that we have with you in relation to the services we provide to you and our business relationship with you. These recordings will be our sole property and will constitute evidence of the communications between us. Such telephone conversations may be recorded without the use of a warning tone or any other further notice.
PROCESSING OF YOUR PERSONAL DATA
Your personal data may be processed on the following bases and for the following purposes:
(a) Performance of the contract
We process personal data for the purpose of providing our services and products as well as information about our products and services on the basis of a contractual relationship with our clients (i.e. to fulfill our contractual obligations). In addition, personal data is processed in order to complete the admission/acceptance procedures of our client.
In view of the above, we need to verify your identity in order to accept you as our client and we will need to use this information to effectively manage your trading account with us. This may include third parties performing credit or identity checks on our behalf. The use of your personal data is necessary for us to know who you are, as we are legally required to comply with regulatory ‘Know Your Customer’ and customer due diligence obligations.
(b) Compliance with legal obligations
There are several legal obligations imposed by the relevant laws to which we are subject, as well as specific legal requirements (eg anti-money laundering laws, company laws and privacy laws). There are also various regulatory authorities whose laws and regulations apply to us. These obligations and requirements impose on us the necessary activities related to the processing of personal data for credit checks, identity verification, payment processing, compliance with court orders or other notification obligations and anti-money laundering controls.
These obligations apply at various times, including client acceptance/acceptance, payments and system controls for risk management.
(c) For the purposes of protecting legitimate interests
We process personal data for the purpose of protecting legitimate interests pursued by us or a third party. A legitimate interest is when we have a business or business reason to use your data. Examples of such processing activities include the following:
- Filing legal claims and preparing our defense in court proceedings
- Risk management
- Measures for business management and for further development of products and services
- Measures to ensure IT and system security, prevention of potential criminal activity, asset security, access control and anti-intrusion measures
- Sharing your personal data within Kanak House Bullion LLC to update/verify your personal data in accordance with the relevant anti-money laundering framework
(d) You have provided your consent
Our storage and use of your personal information is based on your consent (other than for the reasons described or implied in this policy where your consent is not required). You may withdraw consent at any time; however, any processing of personal data prior to receipt of your opt-out will not be affected.
(e) To provide you with products and services or information about our products and services and to monitor your ongoing needs.
Once you have successfully opened an account with us or subscribed to receive updates, we will need to use your personal information to provide our services and fulfill our obligations to you. It is also in our legitimate interest to try to ensure that we provide the best products and services, so we may regularly review your needs based on our assessment of your personal data to try to ensure that you get the best possible products and services from us.
(f) Investigate or resolve inquiries or disputes
We may need to use personal information collected from you to investigate issues or resolve disputes with you because it is in our legitimate interest to ensure that issues and disputes are investigated and resolved in a timely and efficient manner.
(g) Comply with applicable laws, court orders, other legal processes or the requirements of any applicable regulatory authorities
We may need to use your personal information to comply with any applicable laws and regulations, court orders or other legal process, or the requirements of any applicable regulatory authority. We do so not only to comply with our legal obligations, but because it may also be in our legitimate interest.
(h) Data analysis
Our website and emails may contain web beacons or pixel tags or any other similar type of data analysis tools that allow us to track the receipt of correspondence and count the number of users who have visited our website or opened our correspondence. We may anonymously aggregate your personal information (such as purchase and sale history) with the personal information of our other clients. If your personal data is not in anonymised form, it is in our legitimate interest to constantly evaluate this personal data to ensure that the products and services we provide are relevant to the market.
(i) Marketing Purposes
We may use your personal information to send you marketing communications by email, telephone, SMS or other means (such as social media channels) to ensure you are up to date with our latest products and services. We will not disclose your information to any outside parties that could enable them to sell directly to you.
(j) Internal Business Purposes and Record Keeping
We may use your personal information for internal business and research or record keeping purposes. Such processing is in our own legitimate interest and is required to fulfill our legal obligations. This may include all communications we have with you in relation to the services and products we provide to you. We will also keep records to ensure that you comply with your contractual obligations under the contract that governs our relationship with you.
(k) Legal Notice
We are often required by law to notify you of certain changes to products or services or laws. We may need to notify you of changes to the terms or features of our products or services. In order to send you these legal notices, we need to process your personal data. You will continue to receive this information from us even if you choose not to receive direct marketing information from us.
(l) Physical Security
If you enter any of our premises we may record your image on our CCTV for security purposes. We may also take your details to keep a record of who has entered our premises on any given day. It is in our legitimate interest to do so in order to maintain a safe and secure work environment.
PROCESSING OF YOUR PERSONAL INFORMATION
We may process your personal data on the following bases and for the following purposes:
1. 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, processing of personal data takes place to be able to complete our client on-boarding/acceptance procedures
In view of the above, we need to verify your identity in order to accept you as our client and we will need to use those details in order to effectively manage your trading 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.
2. 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, corporation laws and privacy laws). There are also various supervisory authorities whose laws and regulations apply to us. Such obligations and requirements impose on us necessary personal data processing activities for credit checks, identity verification, payment processing, compliance with court orders or other reporting obligations and anti-money laundering controls.
These obligations apply at various times, including client on-boarding/acceptance, payments and systemic checks for risk management.
3. For the purposes 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. Examples of such processing activities include the following:
- Initiating legal claims and preparing our defense in litigation procedures
- Risk management
- Measures to manage business and for further developing products and services
- Measures to ensure IT and system security, preventing potential crime, asset security, admittance controls and anti-trespassing measures
- Sharing your personal data within Kanak House Bullion LLC for the purpose of updating/verifying your personal data in accordance with the relevant anti-money laundering compliance framework
4. You have provided your consent
Our storage and use of your personal data is based on your consent (other than for the reasons described or implied in this policy when your consent is not required). You may revoke consent at any time; however, any processing of personal data prior to the receipt of your revocation will not be affected.
5. To provide you with products and services, or information about our products and services, and to review your ongoing needs.
Once you successfully open a trading account with us, or subscribe to an update, we will need to 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 try to ensure that you are getting the benefit of the best possible products and services from us.
6. 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 in our legitimate interests to ensure that issues and disputes get investigated and resolved in a timely and efficient manner.
7. To comply with applicable laws, 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, court orders or other judicial process, or the 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.
8. Data analysis
Our webpages and emails may contain web beacons or pixel tags or any other similar type 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 (such as trading history) with the personal information of our other clients on an anonymous basis. If your personal information is not in an anonymized 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.
9. Marketing purposes
We may use your personal information to send you marketing communications by email, phone, SMS or other methods (such as social media channels) to ensure that you are kept up to date with our latest products and services. We will not disclose your information to any outside parties that may allow them to directly market to you.
10. Internal business purposes and record keeping
We may use your personal information for internal business and research or 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 services and products we provide to you. We will also keep records to ensure that you comply with your contractual obligations pursuant to the agreement governing our relationship with you.
11. Legal Notifications
Often the law requires us to advise you of certain changes to products or services or laws. We may need to inform you of changes to the terms or the features of our products or services. We need to process your personal information to send you these legal notifications. You will continue to receive this information from us even if you choose not to receive direct marketing information from us.
12. Physical security
If you enter any of our premises, we may record your image on our CCTV for security reasons. We may also take your details to keep a record of who has entered our premises on any given day. It is in our legitimate interest to do this to maintain a safe and secure working environment.
DISCLOSURE OF YOUR PERSONAL INFORMATION
The 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; or (d) at your request or with your consent or to Persons described in this policy. The Company will endeavor 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. As part of using your personal data for the purposes set out above, the Company may disclose your personal information to the following:
- Any companies under Kanak House Bullion LLC, meaning any of our ultimate holding companies and their respective subsidiaries may receive such information;
- Our associates and service providers, for business purposes, including third parties such as business service providers and specialist advisers who have been contracted to provide us with administrative, financial, legal, tax, compliance, insurance, research or other services;
- Business introducers with whom we have a mutual business relationship;
- Business parties, credit providers, courts, tribunals and regulatory authorities as agreed or authorized by law; and
- Anyone authorized by you.
If the Company discloses your personal information to business parties, such as card or other payment processing companies or banks, in order to perform the services requested by clients, such third parties may store your information in order to comply with their legal and other obligations.
Clients accept and consent that the Company may, from time to time, analyze the data collected while visiting our website(s) or by other means, such as questionnaires, for statistical purposes in order to improve the Company’s business activities.
HOW WE OBTAIN YOUR CONSENT
If 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 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.
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.
LEGAL DISCLAIMER
The Company may disclose your personally identifiable information as required by rules and regulations and if the Company believes that disclosure is necessary to protect our rights or to comply with other proceedings, court order, legal process served or pursuant to governmental, intergovernmental or other regulatory bodies. The Company is not liable for misuse or loss of personal information or otherwise on the Company’s website(s) that the Company does not have access to or control over. The Company will not be liable for unlawful or unauthorized use of your personal information due to misuse or misplacement of your passwords, negligent or malicious intervention or otherwise by you or due to your acts or omissions or a person authorized by you (whether or to that authorization is permitted by the terms of our legal relationship with you).