Privacy Policy

1. The Scope

1.1 This policy sets out the types of Personal Data the Company collects about individuals, how that information is processed, when it may be shared with third parties, and the measures taken to keep it secure.

1.2 This Policy applies to information relating to an identified individual or an individual who can reasonably be identified. An individual is considered identifiable if they can be identified directly, or by combining the information with other details we hold or can access.

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

1.4 Our services are intended for a general audience and are not designed for anyone under 18 years of age. We do not knowingly collect or request information from anyone under 18. We also do not knowingly permit anyone under 18 to use our services. If we become aware that we hold information about a child, we will delete it as soon as reasonably practicable.

2. What Personal Data Do We Have on You

2.1 When you use the service or 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 some 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 circumstances, if you choose not to provide certain Personal Data, we may be unable to deliver the Services or users may be unable to access the website.

4. What Personal Data We Collect

4.2 The information you collect is not personal information and cannot be used to identify you.

4.3 Personal Information we collect from you: any personal information you choose to provide to Us when you connect, through Us, with a third-party online trading platform.

4.4 Personal information you provide directly to third-party platforms to enable trading: this may include your full name, residential address, phone 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 further details about the processing required to protect legitimate interests.

5.4 The following sets out the reasons we may use the information you provide and the legal basis for doing so:

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 services, and user experience analytics providers.

6.2 You may also ask us to provide specific Personal Data about you to third-party trading platforms. In those circumstances, we will share the Personal Data you have provided to Us with those third-party trading platforms. Any use of your Personal Data will 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 related entities or business partners where necessary. This may help the Company access the resources required to improve and enhance the products and services it provides to its customers.

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

6.5 We may also disclose your Personal Data to prospective investors or purchasers, or to lenders of the Company or any other entity within the corporate group, if a relevant transaction is proposed or proceeds (including the transfer or sale of assets owned by the Company or another group entity), or as part of any merger, restructure, consolidation or insolvency process involving the Company or any other business within 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 providers may also use cookies or similar technologies.

7.2 Cookies are small text files stored on your device whenever you visit or access the website. They help us understand your preferences and browsing activity so we can improve your experience, remember your settings, and tailor the 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 temporarily downloaded to your device and remain active only until you close your browser. Other cookies are persistent cookies. These stay on your device for a period after your browser is closed. They help the Website recognise you as a returning user and make it easier for you to revisit the website.

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

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

8. Retention of Personal Data

8.1 The Company will keep your Personal Data for as long as needed to fulfil the purpose for which it is processed, as set out in this Policy, or for any longer period permitted under applicable laws, regulations, policies, or orders.

8.2 We will share your information with third-party trading platforms for a period of 12 months. If you consent, 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 overseas (that is, your personal data may be disclosed to recipients in other countries or to international organisations). The Company takes all reasonable steps to protect the Personal Data you provide and to ensure individuals can exercise their rights and access 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. Please email: support@kestrelwertha.com

10. Security of Personal Data

10.1 We have implemented appropriate organisational and technical measures to protect Personal Data. This includes guarding against the accidental or unlawful destruction, loss or alteration of Personal Data.

10.2 We cannot guarantee that your Personal Data will remain completely secure at all times, nor can we warrant that errors will not occur. We are also not liable 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, disclosure resulting from transmission errors, unauthorised access by a third party, or any other circumstances beyond our reasonable control.

10.3 Where we are required by law, or due to circumstances outside our control, we may need to disclose your Personal Data to third parties, including government or regulatory authorities. In these circumstances, we are unable to control how those third parties protect 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 those websites or applications collect or process Personal Data. This Policy does not apply to any actions taken through those websites or applications.

11.2 Before accessing or using any third-party websites or apps, we recommend reading their privacy policies first. We also suggest taking care before providing them with any Personal Data.

12. Modifications to This Policy

12.1 We may update this Policy at any time. If we do, we will let you know by publishing the revised Policy on our website.

12.2 We may also notify you of any material changes to this Policy using the communication methods we consider appropriate, and we will publish a notice on our website.

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

13. Your Rights

13.1 You are entitled to ask us to confirm the accuracy of the Personal Data we collect about you, correct any errors, and delete any Personal Data we no longer require. You may also request that we limit the types of processing applied to your personal information.

13.2 If you reside in the EEA, please refer to this page. These rights apply to the Personal Data you provide to us. To exercise any of your rights, please email us at 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. If a request would be detrimental to another person’s rights and freedoms, the Company may refuse the request or limit the extent to which it can be fulfilled.

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

13.5 Right to Erasure This right may apply 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, on grounds relating to your particular situation, to the processing of your Personal Data where that processing is based on legitimate interests pursued by Us or a third party; (e) the Personal Data has been processed unlawfully; or (f) the Personal Data must be deleted to comply with a legal obligation binding on the company. This right does not apply where processing is necessary (a) to comply with a legal obligation requiring processing 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 how your Personal Data is processed. Where you request a restriction, the Personal Data may only be retained with your consent, for the establishment, exercise or defence of legal claims, to protect the rights of another individual, or where there is an overriding reason of substantial public interest.

13.7 Right to data portability Where processing is carried out by automated means and is based on your consent or 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 have that data transferred directly to another controller, where this is technically feasible. Exercising your right to data portability does not affect your rights under the right to erasure, nor does it adversely affect the rights or freedoms of others.

13.8 Right to object You may object at any time to any processing of your Personal Data where that processing is based on the legitimate interests of the Company or a third party. This right also applies to profiling carried out on the basis of those legitimate interests. If we can demonstrate compelling legitimate grounds for processing your Personal Data, we may continue to do so unless you can 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 legality of any processing carried out on the basis of your consent before it was withdrawn. You also have the right to make a complaint to the relevant supervisory authority. You may lodge a complaint with a supervisory authority responsible for protecting individuals’ fundamental rights in relation to the processing of Personal Data. Applicable laws 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 in line with your rights under section 13 of this agreement within one month of receiving your request. This period may be extended by up to two months where necessary, depending on the nature of your request and the number of requests received. If an extension is required, we will let you know within one month of receiving your request and explain the reasons for the delay.

13.11 Provided this does not conflict with section 13 of the law, any information you request in exercising your rights under section 13 will be supplied free of charge. If a request is unfounded or excessive, particularly 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 concerns about whether your request was made by the correct person, we may ask the person submitting the request to provide reasonable proof of identity.