1. Commitment to protect your privacy
Hantec Markets (New Zealand) Company Limited (the “Company”, “we” or “us”) is licensed by the Financial Markets Authority to issue derivatives to persons in New Zealand. We are required by law to collect, hold, use, and disclose your personal information as part of providing our products and services to you.
We will take all reasonable steps to ensure that your personal information is protected against loss, access, use, modification, disclosure or any other misuse. We are committed to protecting your personal information and understand the importance of maintaining the confidentiality and privacy of any personal information you provide to us. By entrusting us with your information, we would like to assure you of our commitment to keep such information private.
We have adopted this policy to ensure that we handle personal information in accordance with the Information Principles set out in the Privacy Act 1993.
You have the right to control your personal information. We will take all reasonable steps to ensure that the personal information we collect about you is protected from misuse or unauthorised disclosure. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information should change during your relationship with us.
2. What is personal information?
Personal information is any information about an identifiable individual, such as you.
3. What personal information do we collect?
When you apply for a trading account with the Company, we will ask you to provide us with the following information about you:
- your personal details which you provide to us including:
- name, address, contact number(s) and email address.
- date of birth and gender.
- country of citizenship.
- copy of your photographic identification documentation, such as passport, National ID card or driving licence.
- ID card number, drivers licence number and/or passport number.
- in some circumstances, we may need to ask you for the source of the funds that you have deposited into our trading account.
- your country of tax residence and, if you are tax resident outside of New Zealand, you tax identification number(s) (TIN(s)).
- your field of business, position and number of years spent in your occupation.
- your bank account information both in New Zealand and overseas if relevant.
- statements you have given us about:
- your financial information, including your salary range and any properties you may own.
- your education o any investments you may have already made.
- what your investment objectives are. o what experience you have in investing.
- identity verification checks by Trulioo and screening checks by MemberCheck.
- any other information about you of which you have made us aware.
4. From where do we collect your personal information?
We may collect personal information about you from the following sources:
- from you:
- when you complete our account opening form.
- if we meet with you.
- if you write to us.
- when you enter data on our website or trading platform (MT4).
- from data or copies of documents that you provide to us to help us to verify your identity.
- from online third party service providers, such as Trulioo and MemberCheck, which we will consult to check your background.
5. What are the consequences of not providing the information that we request from you?
You can choose not to supply the information we request, but it may affect our ability to accept you as a client.
6. How do we store your personal information?
Your information is collected and held by Hantec Markets (New Zealand) Company Limited, Level 2, Building A, 600 Great South Road, Ellerslie, Auckland, 1051. It is stored electronically in our file server with authentication and firewall protection in place. Data stored on our file server in Auckland is also backed up on the Hantec group file server in Sydney Australia. It is also backed up in the cloud for the purposes of allowing remote access. Any original physical documents are stored in our New Zealand office and only authorised employees can access the original documents. Active files are stored in a dedicated secure area and inactive files are moved offsite into secure storage.
When we set up your trading account on our trading platform (MT4) server, some of the personal information that you supply to us will be included on your trading account for reference purposes.
7. Why do we collect and use your personal information?
We collect personal information to enable us to set up and administer your trading account and to provide technical and customer support to you. We are required by law to collect and retain much of this information.
We will only collect personal information that is necessary and relevant, and may use your personal information for the following purposes:
- providing services to you, including responding to your requests and inquiries;
- for our business functions generally, including direct marketing whether through mail, email or telephone (you can opt out of direct marketing by telling us that you wish to do so in writing);
- for data analytical purposes.
If we need to use your personal information for any secondary purpose we will seek your consent first.
We will not store your information for longer than we require it for our purposes. Please note that different legal and regulatory considerations require us to retain your personal information for different periods of time.
We may be required to use and retain personal information after you have closed your account with us for certain purposes, such as the prevention, detection or investigation of a crime, loss, prevention, or fraud prevention. Our regulator, the Financial Markets Authority, requires us to retain all client records for at least seven years and to make these records available to its staff upon request during this period.
We will not retain your personal information beyond seven years from the time you cease to be a client.
8. What legislation applies?
Privacy Act 1993
Anti-Money Laundering and Countering Financing of Terrorism Act 2009
As we are a financial institution, we are required to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. This requires us to collect information relating to you to your identity (name and date of birth) and to your address and to take certain steps to verify it. Occasionally, we may be required to ask you to confirm and verify the source of funds that you deposit in our client account.
Financial Markets Conduct Act 2013
The Financial Markets Authority has licensed us to issue derivatives to people in New Zealand under the Financial Markets Conduct Act 2013. As a licensed derivatives issuer, we are required to comply with all applicable market services licensee conditions. The standard licensing conditions for licensed derivatives issuers require us to ask retail clients in New Zealand sufficient questions about their investment background and knowledge so as to be sure that they understand our products and the risks involved. We have chosen to adopt this practice for all of our retail clients, irrespective of where they are based.
Tax Administration Act 1994 and the Income Tax Act 2007
New Zealand has given effect to FATCA (i.e. US legislation that applies to US tax payers) and to the OECD Common Reporting Standards (“CRS”) by making amendments to the Tax Administration Act 1994 and the Income Tax Act 2007. As a result of these amendments, FATCA and the CRS are in force in New Zealand. The legislative environment requires us to identify whether you are tax resident in a country or jurisdiction outside of New Zealand and, if so, to identify your Tax Identification Number (“TIN”) in that country or jurisdiction. If you are tax resident in a country or jurisdiction outside of New Zealand, we may be required to supply your details, including your country or jurisdiction of tax residence and your TIN to the Inland Revenue Department in New Zealand, which may in turn supply the details to the tax authority in your country or jurisdiction of tax residence.
9. Intended recipients of your personal information?
Generally, we only collect your personal information for our own commercial purposes and for the purpose of complying with applicable legislation in New Zealand.
The Company is a subsidiary within the Hantec group of companies. For the sake of operational efficiency, we have outsourced some of our key functions to other group companies operating in New Zealand, Australia and Hong Kong. Some of our group colleagues may access your personal information when supplying services to us. These services are performed under intragroup outsourcing agreements and require the outsourced service provider to treat your personal information with strict confidentiality.
Our trading platform (MT4) server is located in Japan. In the event of service disruption, we could migrate the platform to a server in Australia or Hong Kong. When we set up a trading account in your name on the MT4 platform, the data will be held on a secure server within a specialist data centre. Intragroup outsourcing agreements require the group company that manages the server to treat your personal information with strict confidentiality.
Your personal information may be disclosed:
(a) to our representatives, agents and affiliates;
(b) to our auditors and / or assurance providers when they supply services to us that we are required to arrange in order to comply with our market services licensee conditions and other applicable legal obligations;
(c) to your or our professional advisers, such as lawyers;
(d) in order to comply with our obligations deriving from applicable law and regulations, which may include laws and regulations outside your country of residence;
(e) where required by law or a court order by a competent Court;
(f) where requested by our regulatory authority, the Financial Markets Authority of New Zealand, or any other regulatory, public and government authority having control or jurisdiction over us or you or to whom we are required to make disclosure to comply with our legal obligations;
(g) to relevant authorities to investigate or prevent fraud, money laundering or other illegal activity;
(h) to third party authentication service providers that we engage for the purpose of carrying out anti-money laundering, identity verification, sanctions or other checks as required by applicable laws and regulations;
(i) to our insurers, if necessary;
(j) to any other third parties we tell you about or to whom you authorise disclosure;
(k) to any entity or individual that acquires or merges with us.
We may also use or disclose your information where that disclosure is permitted under the Privacy Act 1993 or any other applicable law, such as where the disclosure is of information:
(a) that is from a publically available publication and it would not be unfair or unreasonable to use or disclose that information; or
(b) that is not in a form which identifies you.
10. Our website and online services
The types of personal information we may collect about you through our website are:
- Identity information, such as your name, physical and / or postal and email addresses, telephone number, and date of birth.
- Details on identification documentation (such as your passport), your signature, and Inland Revenue Department (IRD) number.
- Biometric information, for example an image or video of your face that you provide through our website.
While we will use all reasonable efforts and take all recommended technical and organisational measures to safeguard your personal information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data transferred from you, or to you via the internet.
We collect personal information from our website (www.hantecmarketsnz.com) when we receive emails and online forms. We use Google Analytics to analyse the use of our website. Google Analytics collects each visitor’s IP address and tracks which pages are visited. We do not pass any personally identifiable information through this function; however the data we collect may be combined with other information that may be identifiable to you.
Cookies do not contain personal information in themselves but can be used to identify a person when combined with other information. Cookies are small text files which are transferred to your computer’s hard drive through your web browser that enables our web site to recognise your browser and capture and remember certain information.
We will delete all data obtained through cookies regularly.
We may also monitor trading activities on trading platforms that we might have access to (such as MT4).
Where our website contains hyperlinks to third party websites, we are not responsible for the availability, content, accuracy, or privacy practices of these websites.
11. Contacting you
Unless you have opted out in writing, we may send you information by SMS, phone or email about our products, services and offers we think would be of interest to you. As a client, you will receive email communications from us about your activity on the platform as well as special market and company events that we think will be of interest to you. These communications are generally required to be provided as a condition of our trading licence and will be sent to you by email.
When contacting you in this way, we may request you to provide personalised data to verify your identity.
By providing us with your personal information online, whether via online form, video chat or by sending us an email, you agree to us:
(ii) retaining your personal information for contacting you via email, text message or online notification (without an unsubscribe facility), or by telephone or post, in regards to your specific request.
By entering into a live web or video chat with us, you agree to your chat conversation (which may include personal information) being recorded and used by us for the purposes of assessing and helping to improve our chat service, and as a reference for queries from you about your chat with us.
You agree that we may record and retain copies of all telephone conversations made to or from our office landline in Auckland. The purpose of recording these conversations is to allow us to verify that our staff have complied with their legal obligations.
12. Your right of access to your personal information
Where your personal information is easily retrievable, you shall be entitled to:
- seek confirmation that we do in fact hold your personal information; and
- have access to that information.
There is no cost to receive this information.
If you believe that the personal information that we hold about you is not correct, you may request in writing that we correct the information. It is your responsibility to ensure that the information we hold about you is correct. If you would like to access any information, or request that it is corrected, please contact our Privacy Officer. His details are set out at the bottom of this policy. We will respond to you within 20 working days of hearing from you.
13. Refusal of access to personal information
We may refuse you access to your Personal Information if (amongst other things):
- disclosing your personal information will disclose information about another individual;
- your request is frivolous or vexatious or the information requested is trivial;
- the information requested is not readily retrievable; or
- the information requested does not exist or cannot be found.
We will inform you of our decision within 20 working days of you making the request.
14. Correction of personal information
You are entitled to see and request the correction of any personal information about you held by us.
We aim to acknowledge receipt of all complaints within 5 working days and aim to resolve all complaints within 20 working days.
This may not be possible in all circumstances depending on the contents of the complaint. In this situation we will respond to your complaint in a reasonable time.
If you are not satisfied with our response you can contact the Office of the Privacy Commissioner at www.privacy.org.nz
17. The Privacy Officer
If you are concerned about any possible interference with your privacy, or would like to request access to or correction of your personal information, please contact our Privacy Officer.
+64 9 523 2770