Privacy & Cookies Policy

The protection of your privacy and your personal information is important to Questh X SA (hereinafter “Questh X”). Our policy is to respect the confidentiality of information and the privacy of individuals. This privacy notice outlines how we manage the personal information provided to us by you or a third party in connection with our provision of services to you or which we collect from your use of our services and/or our app(s) or website(s). It also details your rights in respect of the processing of your information. Questh X processes your data in accordance with the London Federal Act on Data Protection. In particular, personal information we hold about you must be:

  • Used lawfully, fairly and in a transparent way;
  • Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
  • Relevant to the purposes we have told you about and limited only to those purposes;
  • Accurate and kept up to date;
  • Kept only as long as necessary for the purposes we have told you about;
  • Kept securely.

ABOUT YOUR DATA CONTROLLER

This privacy notice applies to the processing activities of Questh X. Questh X is a company registered in Londo under FCA REGISTER NUMBER 674409, authorized and regulated by the Financial Market Supervisory Authority (FINMA). Questh X provides a variety of banking investment and e-trading related services and is the data controller of your personal information in relation to those services and in relation to the use of Questh X website (www.questhx.com). If you have any question or request regarding the processing of your data, you may contact us by sending an e-mail to privacy@questhx.com.

INFORMATION COLLECTED BY US

  • Information you give us: We collect information you enter when using our website, when you apply to open an account with us, and when we provide you with our services. The information you give us may include your name, address, email address, phone number, date of birth, tax identification number, bank account and other financial details, copies of personal identification documents (such as your passport or driving licence) and photographs or other descriptions of your likeness. We collect data related to your location when you log in to our website. We also collect information when you voluntarily complete client surveys, provide feedback, apply for special offers and promotions, enter into competitions, register to our events (such as seminars and webinars), or otherwise communicate with us.
  • Information received for other sources: When you visit our website, we may collect or receive your IP address, URL, browser information, plug-in types, operating system and platform as well as your login information. We work closely with third parties (e.g. business partners, technical, payment and delivery service providers, advertising networks, tracking and analytics providers (including Google), data aggregators, lead generation agencies, public sources, third party social networking sites and search information providers) and may receive information about you from them. Such information may include your clickstream through our website, the products you viewed and the page interactions, your personal contact information (if you are referred to us by an introducing broker or a friend), any personal data that is part of your profile on a third party social network (e.g. Facebook) and that you allow that third party social network to share with us (e.g. name, email address, gender, birthday, city, country, interests, profile picture, user ID, friend list). You can learn more about the data that we may obtain about you by visiting the website of the relevant third-party social network. We may also receive personal data about individuals when we acquire other companies.
  • Information collected using cookies: We, or our third-party providers, may also use cookies to collect information about you, including behavioral and preference data. This helps us to provide you with a good experience while you use our website. You may refer to Section 6 below regarding our use of cookies.

HOW Questh X USES YOUR PERSONAL DATA

Questh X may use personal information for the following purposes:

  • 1. Identity Verification, Account establishment and Management
    As part of providing services, or information about our services, to you, we will need to verify your identity to accept you as a customer. This may include third parties carrying out identity checks on our behalf. We will need to continue processing your data in order to effectively manage your account with us and to comply with our legal and regulatory obligations. We process data for these purposes on the basis of our legal obligations and/or to enter or perform a contract with you.
  • 2. Provisions, Improvement and Development of Products and Services
    After account opening, we will need to use your personal information to perform our services and comply with our obligations to you. We may regularly review your needs to ensure that you get the best possible products and services from us. We may from time to time use personal information provided by you through your use of our services and/or through customer surveys as well as through the use of our website to help us improve our products and services. We process data for these purposes to perform a contract with you, on the basis of our legitimate interest in improving our services and/or based on your consent, when you have given us such consent.
  • 3. Compliance, Risk management, Settlement of Enquiries and Disputes
    We will need to process your data to comply with our record keeping obligateons and other legal obligation, with directives and recommendations of authorities, court orders, our internal directives, as well as for risk management purposes. We may also need to process your data when reporting to regulatory bodies or for internal and external audit purposes. Where we consider there to be a risk that we may need to defend or bring legal claims, we may process your personal information as necessary for our legitimate interests in ensuring that we can properly bring or defend legal claims. We process data for these purposes on the basis of our legal obligations and/or based on our legitimate interest in defending or enforcing claims and in managing risks.
  • 4. Retention period
    In principle, we will retain your data the entire duration of your contractual relationship with us, and, and for a period of 10 years after the termination of our business relationship with you or after the end of the transaction, as required by law. We may retain your data for longer in specific circumstance, for instance if legally or contractually required to do so or if your data is required to defend or bring a legal claim. In that case, the retention period of your information will be limited to what is legally required or necessary for the relevant purpose.
  • 5. Data sharing with third parties
    Within the limits set by the law and the contract you have signed with us, we may be allowed to share your information with affiliated companies within Questh X Group, third party service providers (such as providers to whom we may outsource certain functions, tracking and analytics providers, and third party social networks) business partners (such as introducing brokers, assets managers, counterparties, correspondent banks, infrastructures), and London and foreign authorities (including courts, arbitral tribunals and self-regulatory bodies. We may also need to share your information with our auditors, legal advisors and consultants, or in the context of mergers and acquisitions. Recipients may be located outside of London and outside of the European Economic Area (including in countries that do not offer an adequate level of protection of Personal Data), in particular in countries where the Questh X Group has a business presence and where Financial Instruments traded by the Client are listed or regulated, but potentially anywhere in the world. Our service providers may be based in Europe, Asia and North America.
  • 6. Profiling
    We process some of your data with the goal of automatically assessing certain aspects of your personality (profiling). We may do so in particular to comply with our legal and regulatory obligations (e.g. to combat money laundering and terrorism financing), to protect you and ourselves against fraudulent activities and other security risks; and to tailor our offer and marketing to you, and to improve our products and services (e.g. by conducting statistical analyses and for operational planning).

COOKIES

Definition

Cookies are small text files placed on your computer, smartphone or other device when you visit our website. They allow us to distinguish you from other users, which helps us give you an enhanced website experience. Cookies allow you to do many things such as log on to your account, apply for products and services online and use financial tools.

What cookies are we using?

We use three types of cookies on our website: essential cookies, performance cookies and tailored content cookies.

• Essential cookies enable you to operate vital functions of our website and trading platform. If these are disabled, you may not be able to access the platform or other significant parts of the website.

• Performance cookies allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it. This helps us to improve the way our website works, for example by making sure users are finding what they need easily.

• Tailored content cookies allow us to tailor the content of our website to suit you and link with other websites, such as social media websites. For instance, instead of displaying promotional messages about products you already have, they let us show you other services you might be interested in. We only use tailored content cookies subject to your prior opt-in to that effect via the cookie banner on our website and as set by our trusted business partners to provide you with Questh X products and services and will only show you Questh Xbranded advertisements on our website.

Some cookies are stored on your device temporarily, whereas others will be stored for a longer duration. Tailored content cookies will not be stored on your device for more than 6 months after which you will be requested to renew your consent to the use of these cookies.

Disabling cookies

When you visit our website, we will ask for your permission to use cookies. If you have consented to the use of cookies, you can withdraw your consent at any time by amending your cookie preferences on our website. If you wish to disable all cookies, you can do this through your browser settings. However, please be aware that cookies are often used to enable and improve certain functions on our website. If you choose to opt-out of certain cookies, it is likely to affect how our website works. For more information about how to disable cookies, including instructions on how to amend your cookie settings for a variety of browsers and how to delete existing cookies from your device, visit allaboutcookies.org.

DATA SECURITY

You must take appropriate precautions when accessing our website and using our services, including without limitation using a secure connection and keeping your log in information confidential.

In order to keep your personal data secure, we have implemented a number of security measures, including: securing our operating environments that are only accessible to our employees, agents and contractors on a need-to know basis; encrypting sensitive financial information processed to carry out transactions over our websites; verify your identity before you can access, use or make changes to your account so as to prevent any unauthorized access. Please note that these protections do not apply to personal data you choose to share in public areas such as on community websites. Please also note that there are inherent risk to the transmission of personal information over the Internet and the electronic storage of data. We cannot guarantee absolute security of your information.

8. CHANGES TO OUR PRIVACY AND COOKIES POLICY

We keep our Privacy and Cookies Policy under regular review and consequently, it may change at any time in the future. We will place any updates on our website. If you are a user of our services, we will notify you of changes to this Privacy and Cookies Policy.

9. LINKS TO OTHER WEBSITES

Our website may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please be aware that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

10. DATA TRANSMISSION IN THE FRAMEWORK OF FACEBOOK CUSTOM AUDIENCE AND GOOGLE MATCH

In order to create custom audiences (consisting of Questh Xcustomers and internet users or only internet users while excluding Questh X customers) and lookalike audiences (consisting of internet users similar to Questh X users) and deliver personalized content to such audiences, Questh Xuses Facebook Custom Audiences (a service provided by Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin, Ireland) and Google Customer Match (a service provided by Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, Ireland). For this reason, Questh X transmits your hashed (pseudonymized) email address to Facebook and Google. The so-called “hashing” is a form of pseudonymisation which encrypts an email address in a way that individuals can no longer be identified by this hashed email address, without the use of additional information. Facebook and Google then match this email address against potential Facebook and Google email addresses. Hashed email addresses are deleted within 6-8 hours by Facebook and within 48 hours by Google, after the matching process is completed.

In the course of this process, Facebook and Google may be able to infer your identity and the existence of a banking relationship with us. Facebook and Google are not bound by London banking secrecy and will process these data outside of London, where it will no longer be protected by London law. Facebook and Google do not share these data with third parties or other advertisers or grant access to these data, provided however that they may share data with their respective affiliates, which may be located outside of London and outside of the European Economic Area. The legal basis for the processing of this data is your consent. By clicking "I agree" on the specific disclaimer on www.questhx.com, you consent to the processing of your personal data in the manner described above (including to the transfer of your personal data to countries which may not offer an adequate level of protection of Personal Data, such as the United States of America) and you waive banking secrecy as far as such data processing is concerned.

You can revoke your consent to this data processing at any time in the Questh X Web App and App. You can find further information on Facebook here* and Google here** and here***.

*Facebook: https://www.facebook.com/legal/terms/customaudience [facebook.com]

** Google: https://safety.google/privacy/ads-and-data/ [safety.google]

***Google: https://support.google.com/google-ads/answer/6334160 [support.google.com]

11. GOVERNING LAW, JURISDICTION

This Privacy & Cookies Notice shall exclusively be governed by and construed in accordance with London law. The exclusive place of jurisdiction for any dispute arising from or in relation to this Policy or any part thereof shall be at the seat of the Bank in UK, London. However, we reserve the right to bring proceedings against you before the competent courts having jurisdiction at your place of residence or domicile or before any other competent court, in which case London law shall remain exclusively applicable.

12. CONTACT

If you have any other questions about this policy please contact our privacy team at privacy@questhx.com or write to us via postal mail at Questh XLtd, Esplanade de Pont-Rouge 6, P.O. Box 1303, 1211 Geneva 26, London. If you wish to contact our customer support, please refer to the Contact page on our website.

Terms and Conditions Agreement

Introduction

These terms and conditions govern the rules for using our website www.questhx.com (our “Website”).

Our Website is owned and operated by Questh X SA, a England company, with registered office at EMecidiyeköy Yolu Caddesi 12 34381 İstanbul/Sisli floor 18 Trump Alışveriş Merkezi, authorised and regulated by the London Financial Market Supervisory Authority (FINMA), whose address is Laupenstrasse 27, 3003 Bern.

By using our Website, you confirm that you accept these terms of use and that you agree to comply with them. We recommend that you print a copy of these terms for future reference.

You must not use this Website if you disagree with any of these terms and conditions. We also draw your attention that these terms of use are to be read in conjunction with the Privacy and Cookies Policy which also apply to your use of our Website. Our Privacy and Cookies Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, and information about the cookies on our website. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

We may amend these terms from time to time. Therefore, every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.

Responsibility of visitors and Confidentiality

The information on our Website is not directed at residents of the United States or any particular country outside of London and is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.

If you choose or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us. Our contact details such as phone numbers, emails and chat are available on our Website. Should you decide to notify us through the chat, we recommend confirming your suspicions in writing by email.

Third party offers

Where our Website contains references or links to other sites, special offers or promotions by persons who are not part of our group of companies, these links are provided for your information only. Such links or offers should not be interpreted as approval by us of those linked website or information you may obtain from them.

Subject to any applicable law that cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from these persons. Your obtaining of goods or services from these persons is at your own risk. You indemnify each member of our group of companies against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to on this website.

Market data

Market data or other information that we or any third-party service provider display on our Website, we emphasize that (a) such data is indicative only and we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect;

(b) we and any such provider are not responsible or liable for any actions that you take or do not take based on such data or information; and

(c) such data or information is proprietary to us and/or any such provider and you are not permitted to retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as may be required by any law or regulation.

Jurisdiction

These terms and conditions are governed by London law. The place of performance of all obligations and the exclusive place of jurisdiction for any dispute arising out of or in connection with the relationship between us is Geneva, London. This shall also be the place of debt enforcement for you if domiciled abroad. Irrespective of the foregoing, we reserve the right to initiate proceedings before any competent court or jurisdiction, including the courts in the country of which you are a citizen or in which you reside.

Severability

If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction then that provision or, if permissible, the relevant part of it, will be severed in respect of that jurisdiction. The remainder of the terms and conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause will have no effect if the severance alters the basic nature of the terms and conditions or is contrary to public policy.

Notices

We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.

Termination

We have the right to terminate your use of this Website if we determine in our sole discretion that you have breached the terms and conditions.

Products and services

Not all products and services referred to on our Website are necessarily provided by us. The identification or use of any third-party products, services, websites or networks is not an endorsement of such products, services or websites or networks. Our Website may allow you to access websites and networks provided by persons other than us via a hypertext or other link. We accept no responsibility or liability of any kind in respect of any materials on any website or network that is not under our direct control. You acknowledge that your access to such other websites or networks via such a link may require us to provide certain information about you to the proprietor of that website or network. Nothing in this website is intended to be nor should it be understood by you as being investment advice from or by us.

Local restrictions – provision of cross-border services

The products and services presented on this website are authorized for sale in London. They are not intended for any person/s who, based on their nationality, place of business, domicile or for any other reasons, is/are subject to legal provisions which prohibit foreign financial services providers from engaging in business activities in these jurisdictions, or which prohibit or restrict legal entities or natural persons from accessing websites of foreign financial services providers.

Where Questh X is not authorized by the supervisory authority of a certain country, Questh X can as a general rule not promote financial and banking services in that country.

In particular, Questh X is not authorized by the supervisory authorities of the USA, Canada, Great Britain, Germany, Italy, and France. This website may however contain information, in particular about financial services and products offered by Questh X, that may be considered by the supervisory authorities of the above-mentioned countries as a public offer of financial products or a canvassing targeting person domiciled in the concerned countries. If you are domiciled in one of the above-mentioned countries, you confirm that you access this website on your own initiative and without any solicitation from Questh X.

Dealing

Our Website contains public and client areas. The client area is accessible to clients who have opened an account and contains our internet platform. The internet platform allows you to access to your accounts details as well as to open and close positions with us Privacy

We will comply with obligations imposed on us by applicable Data Protection legislation, including the London Federal Act on Data Protection. We shall use personal information provided by you in accordance with our General Terms and Conditions and our privacy policy.

Disclaimer and limitation of liability

We will not be liable in any way for any loss or damage suffered by you through use of or access to our Website, or our failure to provide this Website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide our Website or any part of it, or for any problems with our Website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying our Website or any part of it to you, or to paying for the resupply of our Website or any part of it to you.

We emphasized that all the information provided, in particular the opinions, mathematical results and technical analyses published on our website, transmitted to you or obtained via the selection and decision-making tools proposed by Questh X, is provided for information purposes only and SHOULD IN NO EVENT BE CONSTRUED AS AN OFFER, A PIECE OF ADVICE OR A RECOMMENDATION to buy or sell a particular security or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.

Amendment

We may update and change our Website from time to time to reflect changes to our products, our users' needs, our business priorities or to comply with new regulations. We will try to give you reasonable notice of any major changes, by publishing regularly revised terms and conditions on our Website - we will not separately notify you of these changes.

In view of the above you agree to continue to be bound by these terms and conditions despite the modifications that can occur.

Website Ownership & Intellectual Property

The website is the exclusive property of Questh X. Questh X proprietary rights shall not be altered in any way by any reproduction or use of the website.

All copyright, database rights, trademarks and other intellectual property rights in the content of this Website belongs to us or a third party including our licensors. This content may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party.

Any third-party intellectual property used by us in the content of our website should not be interpreted as meaning that the third-party owner sponsors, endorses or is in any way affiliated with us or with our business.

Except where necessary in order to view the information on this website on your browser, or as permitted under London law or these terms and conditions, no information or content on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.