Privacy Policy

1. The Scope

1.1 This policy explains what Personal Data the Company collects from individuals, how it is used, when it may be shared with third parties, and the measures in place to keep it secure.

1.2 This Policy applies to information relating to an identified or identifiable natural person. An identifiable natural person is someone who can be identified directly, or indirectly through additional information that we hold or can reasonably access.

1.3 In this Policy, "processing" refers to any activity that involves the use or collection of Personal Data, including its handling, organisation, and storage.

1.4 Our services are intended for a general audience and are not meant for anyone under the age of 18. We do not knowingly collect or request information from anyone younger than 18, and we do not knowingly permit them to use our services. If we become aware that we hold any information relating to a child, we will delete it as soon as reasonably possible.

2. What Personal Data Do We Have on You

2.1 When you use the service and its channels, or visit our website, we collect Personal Data. In some cases, we may ask you to provide your Personal Data.

2.2 In certain cases, we collect your Personal Data by reviewing how you use our Services or service channels, or by receiving your information from our third-party partners.

3. No Requirement to Disclose Personal Information

3.1 You are not required to provide Us with any Personal Data. However, in some cases, if You choose not to do so, We may be unable to provide the Services, or users may be prevented from accessing the website.

4. What Personal Data We Collect

4.2 The information collected does not constitute personal information and cannot be used to identify you.

4.3 Personal Data we receive from you: any personal data you choose to provide to Us when you access a third-party online trading platform through Us.

4.4 Personal information you provide directly to third-party platforms to enable trading: this includes your full name, address, telephone number and email address.

5. Legal Basis and Reasons for Processing of Personal Data

5.1 The company processes your Personal Data for the purposes set out in this section and in line with the applicable legal basis.

5.3 Please contact us by email if you would like more information about the processing required to protect legitimate interests.

5.4 Set out below are the reasons and legal bases on which we may use the information you provide to us:

6. Transfer of Personal Data to Third Party

6.1 The Company may also share Personal Data with third-party service providers that support our operations, including hosting and storage providers, IP address information providers, and providers that analyse user experience.

6.2 You may also ask us to share specific Personal Data about you with third-party trading platforms. In these cases, we will provide the Personal Data you have supplied to Us to those third-party trading platforms. The handling of your Personal Data will then be governed by their privacy policies. Your Personal Data may be shared with more than one trading platform.

6.3 The Company may share Personal Data with affiliated entities or business partners. This enables the Company to access the resources required to improve and enhance the products and services it offers to its customers.

6.4 Where it is necessary to protect the rights of third parties or safeguard assets, the Company may disclose Personal Data to regulatory, local, or other relevant official authorities.

6.5 We may also share your Personal Data with prospective investors, purchasers, or lenders to the Company or any other company in the group where the relevant transaction proceeds (including any transfer or sale of assets owned by the Company or another group company), or as part of a merger, restructuring, consolidation, or insolvency process involving the Company or any other business in the group.

7. Cookies and Services from Third Parties

7.1 We may use third-party services, including advertising providers on our website and analytics providers. These companies may also use cookies or similar technologies.

7.2 Cookies are small text files stored on your device each time you visit or access the website. They help us understand your preferences and browsing behaviour so we can improve your experience, remember your settings, and tailor products and services that may be relevant to you. Cookies are also used for statistical and analytical purposes.

7.3 Some of the cookies we use are session cookies. These are downloaded to your device temporarily and remain active only for a short time, usually until you close your browser. Other cookies are persistent cookies. Persistent cookies stay on your device for a period after your browser has been closed. They help the Website recognise you as a returning user and make it easier for you to access the website again.

7.5 Please note that, if this occurs, some or all of the Website’s functions and features may not work as expected.

Online Tracking Notice: This service does not currently respond to do-not-track signals.

8. Retention of Personal Data

8.1 The Company will keep your Personal Data only for as long as necessary to fulfil the purpose for which it was processed, as set out in this Policy, or for longer where permitted by applicable law, regulations, policies, or relevant orders.

8.2 We will share your information with third-party trading platforms for a period of 12 months. If you consent to this, we will continue sharing your data for a further 12 months.

8.3 We regularly review the Personal Data we hold to make sure it is no longer required.

9. International Transfers

9.1 Your personal information may be transferred to other countries (in other words, your personal data may be shared with recipients in foreign jurisdictions or with international organisations). The Company takes all reasonable steps to protect the Personal Data you provide and to ensure that data subjects are able to exercise their rights and have access to effective legal remedies.

9.3 The Company can provide details of the security measures it uses to protect your Personal Data when it is transferred to third countries or international organisations. To request this information, please email: support@fernyn-gainstead.com

10. Security of Personal Data

10.1 We have implemented appropriate organisational and technical measures to protect Personal Data. These measures are designed to prevent the accidental or unlawful destruction, loss, or alteration of Personal Data.

10.2 While we take reasonable steps to protect your Personal Data, we cannot guarantee that it will always remain completely secure or free from error. We also accept no liability for any indirect, incidental or consequential loss or damage arising from the use or disclosure of Personal Data. This includes, but is not limited to, any disclosure of Personal Data resulting from transmission errors, unauthorised access by a third party, or any other circumstances beyond our reasonable control.

10.3 Where we are legally required to do so, or where circumstances beyond our reasonable control make it necessary, we may disclose your Personal Data to third parties, including public authorities. In these cases, we are unable to control how those third parties protect the security of your Personal Data.

10.4 Personal Data cannot be transmitted over the internet in a completely secure manner. The Company cannot guarantee the security of any Personal Data you send to Us online.

11. Hyperlinks to Third Party Websites

11.1 The website may include links to third-party websites and applications. These websites and applications are not under the Company’s control or supervision. We are not responsible for how such websites or applications collect or process Personal Data. This Policy does not apply to any actions taken on or through those websites or applications.

11.2 Before accessing or using any third-party websites or apps, we recommend that you read their privacy policies. We also advise you to consider carefully before providing them with any Personal Data.

12. Modifications to This Policy

12.1 We may update this Policy from time to time. If any changes are made, we will let you know by publishing the revised Policy on our website.

12.2 We may also make material changes to this Policy from time to time. Where this happens, we will take reasonable steps to notify you in the way we consider most appropriate and will post a notice on our website.

12.3 Unless stated otherwise, any changes will take effect once the updated Policy has been published.

13. Your Rights

13.1 You have the right to ask us to confirm the accuracy of the Personal Data we collect about you, correct any errors, and delete any Personal Data that we no longer require. You may also request that certain types of processing of your personal information be limited.

13.2 If you reside in the EEA, please refer to this page. These rights apply to the Personal Data you provide. To exercise any of these rights, you may send an email to the address below.

13.3 Access rights The Company may verify the accuracy of the Personal Data being processed about you. Where this applies, you are entitled to access your Personal Data. The Company will provide an electronic copy of the Personal Data currently being processed and may charge a reasonable fee for any additional copies. If you request it, the data will be provided electronically. The right to access Personal Data must not adversely affect the rights and freedoms of others. Where a request would prejudice another person’s rights and freedoms, the Company may refuse the request or limit the extent to which it can comply.

13.4 Right to rectification The Company may correct any inaccurate Personal Data. You also have the right to request that incomplete Personal Data relating to you be corrected, taking into account the purpose for which it is being processed.

13.5 Right to Erasure This right applies in the following circumstances: (a) the Personal Data is no longer needed for the purpose for which it was collected or processed; (b) you withdraw your consent and there is no other legal basis for processing; (c) you object, at any time and for reasons relating to your particular situation, to the processing of your Personal Data where such processing is based on legitimate interests pursued by Us or by a third party; (e) the Personal Data has been processed unlawfully; or (f) the Personal Data must be deleted in order to comply with the company’s legal obligations. This right does not apply where processing is necessary (a) to comply with a legal obligation under applicable law; or (b) to establish, exercise, or defend legal rights.

13.6 Processing restrictions If you have concerns about the accuracy of your Personal Data, you may ask the Company to restrict the processing of your Personal Data. Where you request a restriction, the Personal Data may then only be retained with your consent, for the establishment, exercise or defence of legal claims, to protect the rights of another natural person, or where there is an overriding reason of substantial public interest under applicable law.

13.7 Right to data portability Where processing is carried out by automated means and is based on your consent or on a contract to which you are a party, you have the legal right to receive the Personal Data you have provided to the Company and to review that information. You may also request that your Personal Data be transferred directly by the Company to another controller, where this is technically feasible. Exercising your right to data portability does not affect your rights under the right to erasure. This right must not adversely affect the rights or freedoms of others.

13.8 Right to object You may object at any time to the processing of your Personal Data where this is based on the legitimate interests of the Company or a third party. This includes profiling carried out on the same basis. If we can demonstrate compelling legitimate grounds for processing your Personal Data, we may continue unless you are able to show that your rights, freedoms or interests override those grounds, or that the processing is required for the establishment, exercise or defence of legal claims. In relation to direct marketing, you have the right to object at any time to the processing of your Personal Data.

13.9 Right to withdraw consent You may withdraw your consent to our processing of your Personal Data at any time. This will not affect the validity or lawfulness of any processing carried out on the basis of your consent before it was withdrawn. You also have the right to lodge a complaint with the relevant supervisory authority. Where applicable, you may submit a complaint to a supervisory authority established to protect individuals’ fundamental rights in connection with the processing of Personal Data. The laws applicable in your jurisdiction may limit your rights in relation to your Personal Data, as set out in this section 13.

13.10 We will provide the information you request under the rights set out in section 13 of this agreement within one month of receiving your request. Where necessary, this period may be extended by up to two additional months, depending on the nature of the request and the volume of requests received. We will let you know within one month of receiving your request if an extension is required, together with the reasons for the delay.

13.11 Provided this does not conflict with section 13 of the applicable law, any information you request in terms of your rights under section 13 will be supplied free of charge. If a request is unfounded or excessive, especially where it is repeated, we may charge a reasonable fee to cover the administrative costs of providing the information or carrying out the requested action. We may also decline to act.

13.12 If we have any doubts about the identity of the person who submitted your request, we may ask the person making the request to provide reasonable proof of identity.