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INTRODUCTION
This Privacy Policy (“Policy”) explains the privacy practices employed by Take profit s.r.o., reg.n.: 06923020, adress: Rybná 716/24, Staré Město, 110 00 Praha 1, Czech Republic (“Take Profit”) and jointly by L.F. Investment Limited, with registered seat at Louki Akrita 11, Germasogeia 4044, Limassol, Cyprus (“L.F. Investment”) (together the “Joint Controllers”) in providing educational, presentation, supportive services, providing trading signals and inputs as well as offering adequate and relevant tools to make real investment, provision of trading signals, trading SW and other inputs etc. (as they defined in the register page) to its customers, eventually other service providers (“you” or “Client”).
In case of corporate clients Joint Controllers process personal data of its directors, shareholders and/or employees if necessary.
1. IMPORTANT INFORMATION AND WHO JOINT CONTROLLERS ARE
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how Joint Controllers collect and process your personal data through your use of Take Profit’ website, including any data you may provide through its website and/or other affiliated website when you sign up for the seminar/webinar or otherwise register. These websites are not intended for children and Joint Controllers do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice Joint Controllers may provide on specific occasions when Joint Controllers are collecting or processing personal data about you so that you are fully aware of how and why Joint Controllers are using your data. This privacy notice supplements the other notices and is not intended to override them.
CONTROLLER
Joint Controllers are the controllers and are responsible for your personal data. Joint Controllers have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below. It is important that the personal data Joint Controllers hold about you is accurate and current. Please keep them informed if your personal data changes during your relationship with them.
CONTACT DETAILS
Full name of legal entity: Take profit s.r.o.
Email address: info@aitrader.cz
Postal address: specified above
You have the right to make a complaint at any time to Italian Data Protection Commissioner. Joint Controllers would, however, appreciate the chance to deal with your concerns before you approach the Commissioner, therefore please contact them in the first instance.
THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Joint Controllers do not control these third-party websites and are not responsible for their privacy statements. When you leave the website, Joint Controllers encourage you to read the privacy notice of every website you visit.
2. THE DATA COLLECTED ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Joint Controllers may collect, use, store and transfer different kinds of personal data about you which have grouped together follows:
• Identity Data includes first name, last name, username or similar identifier.
• Contact Data includes email address and telephone numbers.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use the website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from them and third parties and your communication preferences.
Joint Controllers also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, Joint Controllers may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.
However, if Joint Controllers combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, Joint Controllers treat the combined data as personal data which will be used in accordance with this privacy notice.
Joint Controllers do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do Joint Controllers collect any information about criminal convictions and offences.
You may be addressed with organizational and commercial messages and/or calls corresponding within the scope of services. Regarding commercial messages, you are always entitled to reject such marketing communication simply by (a) opting-out button in the newsletter body, (b) using contact form, or c) contacting them at the following emails:
- For commercial messages from L.F. Investment: dpo@purple-trading.com
- For commercial messages from Take Profit: info@aitrader.cz
If you do not proceed with the opening of a Trading Account with the L.F. Investment or demo/training account, L.F. Investment will proceed with erasure of your personal data as applicable.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
Joint Controllers use different methods to collect data from and about you including through:
• Direct interactions. You may give them your personal data by filling in forms or by corresponding with them by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for the services;
• create an account on the website;
• enter a competition, promotion or survey;
• give some feedback.
• Automated technologies or interactions. As you interact with the website, Joint Controllers may automatically collect Technical Data about your equipment, browsing actions and patterns. Joint Controllers collect this personal data by using cookies, server logs and other similar technologies. Joint Controllers may also receive Technical Data about you if you visit other websites employing cookies.
• Other public sources providing information about your potential status as a politically exposed person or the emergence of a sanction list that Joint Controllers use to detect misuse, particularly fraud.
4. HOW JOINT CONTROLLERS USE YOUR PERSONAL DATA
Joint Controllers will only use your personal data when the law allows them to. Most commonly will use your personal data in the following circumstances:
• Where Joint Controllers need to perform the contract, or are about to enter into or have entered into with you.
• Where it is necessary for Joint Controllers legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where Joint Controllers need to comply with a legal or regulatory obligation.
• Where your freely given, specific, informed and unambiguous consent has been granted (if applicable).
In general, Joint Controllers do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. Joint Controllers also rely on your consent should you choose to prolong period to receive marketing in situations specified herein. You have the right to withdraw consent to marketing at any time by contacting them at the following emails:
- For commercial messages from L.F. Investment: dpo@purple-trading.com
- For commercial messages from Take Profit: info@aitrader.cz
PURPOSES FOR WHICH JOINT CONTROLLERS WILL USE YOUR PERSONAL DATA
Joint Controllers have set out below, in a table format, a description of all the ways Joint Controllers plan to use your personal data, and which of the legal bases they rely on to do so. They have also identified what the legitimate interests are where appropriate.
Note that Joint Controllers may process your personal data for more than one lawful ground depending on the specific purpose for which Joint Controllers are using your data. Please contact them at info@aitrader.cz or dpo@purple-trading.com if you need details about the specific legal ground Joint Controllers are relying on to process your personal data where more than one ground has been set out in the table below.
Notes to legitimate interest (article 6 (1) f GDPR):
If necessary (and legitimately), Joint Controllers process your data beyond the actual performance of the contract for the protection of legitimate interest of them or third parties.
Legitimacy is considered to match these criteria:
• Identification of legitimate interest
(Legitimate interest is well analyzed and identified as the most propriate)
• Carrying out of necessity test
(Processing of the data is necessary for fulfilling specified purpose)
• Carrying out of balancing test
(The legitimate interest does not, in any way, override individual’s interests, rights or freedoms and respect also proportional test so you might expect to be contacted by us).
MARKETING
Joint Controllers strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
L.F. Investment is entitled to send you a commercial newsletter (or give you telemarketing calls) under the conditions of directive 2002/58/EC of the European Parliament and of the Council. In any case, you are entitled to reject such marketing communication simply by (a) opting-out button in the newsletter body, (b) using the contact form, or c) contacting them at the following email dpo@purple-trading.com or info@aitrader.cz.
THIRD-PARTY MARKETING
Joint Controllers will get your express opt-in consent before Joint Controllers share your personal data with any company outside L.F. Investment Limited group of companies for marketing purposes.
OPTING OUT
You can ask them or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or] by them at any time at the following email address: dpo@purple-trading.com or info@aitrader.cz.
Third party acting as a controller shall provide you with its own policy.
CHANGE OF PURPOSE
Joint Controllers will only use your personal data for the purposes for which Joint Controllers collected it, unless Joint Controllers reasonably consider that they 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 them at dpo@purple-trading.com or info@aitrader.cz.
If Joint Controllers need to use your personal data for an unrelated purpose, Joint Controllers will notify you and Joint Controllers will explain the legal basis which allows them to do so. Please note that Joint Controllers may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
L.F. Investment may have to share your personal data with third parties (including Introducing Brokers, Tied Agents, Affiliates, etc) for the purpose of carrying out the services but should this be the case Joint Controllers check the issue.
L.F. Investment requires all third parties to respect the security of your personal data and to treat it in accordance with the law. Joint Controllers do not allow third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with instructions.
Our service providers and various agents may also receive data for these purposes if they maintain business confidentiality. These companies deliver IT services, logistics, printing services, legal, accounting, telecommunications and consulting as well as sales and marketing.
With regard to the transfer of data to recipients outside of joint controllers, it should first be noted that as an investment service provider Joint Controllers commit themselfs to secrecy about all customer-related facts and valuations from which Joint Controllers become aware. In principle, Joint Controllers may only disclose information about you if required by statutory provisions, if you have given your consent, or if Joint Controllers are otherwise authorized to provide information. Under these conditions, in the case of a legal or regulatory obligation, recipients of personal data may be public bodies and institutions (e.g. regulatory authorities, tax authorities, law enforcement authorities).
Other data recipients may be those for whom you have given them your consent to submit the data or to whom Joint Controllers may delegate personal information due to legitimate interests.
6. INTERNATIONAL TRANSFERS
Joint Controllers might need on certain occasions for the purposes of carrying out the services to transfer your personal data outside the European Economic Area (EEA).
Whenever Joint Controllers transfer your personal data out of the EEA, they ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• Joint Controllers will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• Where Joint Controllers use certain service providers, Joint Controllers may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where Joint Controllers use providers based in the US, Joint Controllers may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
Please Contact them at dpo@purple-trading.com or info@aitrader.cz if you want further information on the specific mechanism used by them when transferring your personal data out of the EEA.
7. DATA SECURITY
Joint Controllers have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, Joint Controllers limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on their instructions and they are subject to a duty of confidentiality.
Joint Controllers have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where Joint Controllers are legally required to do so.
8. DATA RETENTION
HOW LONG WILL JOINT CONTROLLERS USE MY PERSONAL DATA FOR?
Joint Controllers will only retain your personal data for as long as necessary to fulfil the purposes they collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, Joint Controllers consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which Joint Controllers process your personal data and whether Joint Controllers can achieve those purposes through other means, and the applicable legal requirements. By law Joint Controllers have to keep basic information about customers (including Contact, Identity, Financial and Transaction Data) for five years after they cease being customers for regulatory purposes.
In some circumstances you can ask them to delete your data: see Request erasure below for further information. In some circumstances Joint Controllers may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case Joint Controllers may use this information indefinitely without further notice to you.
If the processing of your personal data requires consent, the data retention period may differ according its very purpose.
Processing of personal data of service providers defined above takes five years after they cease being service providers.
Preservation of evidence for other purposes within the statutory limitation period.
Personal data contained in email, chats, phone calls and other means of distant communication might be processed according to the related and relevant purpose specified herein. Processing period might be up to 5 years.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data:
• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data Joint Controllers hold about you and to check that Joint Controllers are lawfully processing it.
• Request correction of the personal data that Joint Controllers hold about you. This enables you to have any incomplete or inaccurate data Joint Controllers hold about you corrected, though Joint Controllers may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask them to delete or remove personal data where there is no good reason for them continuing to process it. You also have the right to ask them to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where Joint Controllers may have processed your information unlawfully or where Joint Controllers are required to erase your personal data to comply with local law. Note, however, that Joint Controllers may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where Joint Controllers 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. You also have the right to object where Joint Controllers are processing your personal data for direct marketing purposes. In some cases, Joint Controllers may demonstrate that Joint Controllers have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask them to suspend the processing of your personal data in the following scenarios: (a) if you want them to establish the data’s accuracy; (b) where their use of the data is unlawful but you do not want them to erase it; (c) where you need them to hold the data even if Joint Controllers no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to use of your data but Joint Controllers need to verify whether Joint Controllers have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. Joint Controllers will provide to you, or a third party you have chosen, 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 them to use or where Joint Controllers used the information to perform a contract with you.
• Withdraw consent at any time where Joint Controllers 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, Joint Controllers may not be able to provide certain products or services to you. Joint Controllers will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact dpo@purple-trading.com or info@aitrader.cz.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, Joint Controllers may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, Joint Controllers may refuse to comply with your request in these circumstances.
CHILDREN’S PRIVACY
Joint Controllers do not knowingly collect any information from anyone under 15 years of age. The websites, products and services are all directed to people who are at least 15 years old or older. If you are under 15, do not use or provide any information on these websites or on or through any of its features / register on the websites, make any purchases through the websites or provide any information about yourself to us, including your name, address, telephone number or email address. If Joint Controllers learn that Joint Controllers have collected or received personal data from a child under 15, Joint Controllers will delete that information.
WHAT JOINT CONTROLLERS MAY NEED FROM YOU
Joint Controllers may need to request specific information from you to help them confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. Joint Controllers may also contact you to ask you for further information in relation to your request to speed up their response.
TIME LIMIT TO RESPOND
Joint Controllers try to respond to all legitimate requests within one month. Occasionally it may take them longer than a month if your request is particularly complex or you have made a number of requests. In this case, Joint Controllers will notify you and keep you updated.