Protecting your privacy is important to Fenics FX and our employees. We believe the confidentiality and protection of customer information is one of our most fundamental responsibilities. Whether you are an existing customer or are considering a relationship with us, you have an interest in how we collect, use, retain and secure nonpublic personal information. And while information is critical to providing quality services, we recognize that one of our most important assets is our customers’ trust. By accessing (FENICS URL), you agree with and consent to the terms of this Privacy Statement.

If we change our privacy policies, a revised customer privacy notice will promptly be posted to our website ([INSERT URL]). You agree to accept posting of a revised customer privacy notice electronically on our website as actual notice to you. You should review the customer privacy notice periodically to remain informed of any changes. Any dispute between you and Fenics FX is subject to our customer agreement/terms and conditions and our general policies, terms, and procedures governing Fenics FX customers and other accounts, including where applicable, arbitration of disputes and limitation of damages.

If you have any questions that this customer privacy notice does not address or if you wish to discuss Fenics FX’s privacy policies in greater detail, please contact our Compliance Department at 212 938 5000 or write us at Fenics FX, Attn: Compliance Department, 110 East 59th Street, New York, NY 10022.


The Information We Collect

Fenics FX may collect nonpublic personal information about you from the following sources:

  1. Information you provide to us on account opening documentation, applications, subscriptions or other forms;
  2. Transactions with us, our affiliates, or others;
  3. From non-affiliated third parties (e.g., credit reporting agencies and others).

Categories of Information that We May Disclose

We may disclose the following kinds of nonpublic personal information about you:

  1. Information we receive on account opening documentation, applications, subscriptions or other forms, such as name, address, social security number and e-mail address;
  2. Information about your transactions with us, our affiliates, or other;
  3. Information we receive from a consumer reporting agency, such as creditworthiness and credit history.

Parties to Whom We May Disclose Information

We do not disclose nonpublic personal information to any non-affiliated third party, except to non-affiliated third parties that may assist us in servicing your account, to financial service institutions with whom we have joint marketing agreements, to securities and banking regulators upon requests, to others pursuant to subpoena and otherwise as permitted or required by applicable laws, rules or regulations or orders or in enforcement of our rights or the defense of claims. We may from time to time disclose your nonpublic personal information to our affiliates, including but not limited to affiliated broker-dealers.

If you decide to close your account(s) or become an inactive customer, we will continue to adhere to the privacy policies and practices described in this notice, or subsequent notices, which may amend the policy stated herein.

Nothing in this customer privacy notice is intended to interfere with our ability to transfer all or part of our business and/or assets to an affiliate or non-affiliated third party at any time, for any purpose, without any limitation whatsoever, and we may transfer your information to another entity if we are acquired by or merged with another entity, if all or substantially all of our assets or business are acquired by another entity, or as part of a bankruptcy proceeding.


Confidentiality and Security Procedures

Fenics FX takes steps to safeguard customer information and restrict access to your personal and account information to those employees who need to know that information in order for us to provide products and/or services to you. We emphasize the importance of confidentiality through employee training, operating procedures, written policies and this customer privacy notice. We maintain physical, electronic, and procedural safeguards designed to guard you nonpublic personal information.


Legally Compelled Disclosures

We cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights. We may disclose Personally-Identifiable Information and other information when we believe it is necessary to identify, contact, or bring legal action against persons or entities to protect the Company, its affiliates, Vendor or our clients or when we believe that disclosure is required by the law or legal process, or regulatory proceeding, request or investigation. We may disclose user information to government authorities or to other third parties when compelled to do so by government authorities, at our discretion or as required by law in our good faith belief, including but not limited to in response to court orders and subpoenas and as otherwise required in connection with a judicial or government proceeding or legal process,. This may include in connection with the enforcement of this Privacy Policy or our Terms of Use, or use of the Fenics ECN or data. We also may disclose user information when we have reason to believe that someone is causing injury to or interfering with our rights or property, other users of the Site(s), or anyone else who could be harmed by such activities.


Consent to Processing

The Site is hosted and operated in the United States of America, pursuant to United States law and this Privacy Policy shall be interpreted under the laws of the United States of America. By providing Personally-Identifiable Information to the Site(s), you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States of America and other countries and territories.

INTERNATIONAL USERS: If you are a user located in a member state of the EEA, please be aware that the laws of the United States of America and other countries and territories may not provide legal protection of your Personally-Identifiable Information that is of the same level as that applicable under the laws of the EEA member state in which you are located.


Data Notice to International Users, and Residents of California and Nevada

International Users

You understand that your information is being sent to the United States of America, whose laws may not provide as many protections as those in your country.

The Personally-Identifiable Information (such as your name, IP address, contact information) that we collect from you or that we may receive from our affiliates, Vendor and third-party service providers may be transferred to and stored at locations in the United States of America, outside of the country or other economic area in which you reside (including the European Economic Area (“EEA”)). The information may also be processed by staff who work for the Company, its affiliates or service providers, and who are located outside the country or economic area (including the EEA) where you reside. Such staff may engage in fulfillment of your order, processing of your payment and provision of support services, among other things. By submitting your Personally-Identifiable Information and using the Site(s), you agree to this transfer, storing and processing.

California Residents

California law requires that we obtain your affirmative consent before we share your nonpublic personal information with non-affiliated third party companies.

Information provided by you in the use of this Site may be shared as provided in this Privacy Policy.

We also use such information to respond to subpoenas, court orders or other similar legal obligations and process, comply with regulatory requests and audits, or to establish or exercise our legal rights or defend against legal claims. In addition, we will share such information if we believe it is necessary to do so in order to investigate, prevent or take action regarding illegal activities, suspected fraud, protect the interests, rights or property of the Company or others, in the event of violations of this Site’s Terms of Use, or as otherwise required by law. Finally, we may transfer information about you to any acquirer or successor of any of the affiliated companies if and to the extent that any of the affiliated companies is acquired by or merged with another company


Choice of Law / Arbitration

Any dispute or claim arising out of or in connection with this Privacy Policy or your use of the Site(s) shall be governed by and construed in accordance with the laws of the State of New York and shall be referred to and finally resolved by confidential arbitration in New York, New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, which rules are deemed to be incorporated by reference. The award or decision rendered by the arbitrator shall be final, binding and conclusive, and judgment may be entered upon such award by any court. Each party will bear its own expenses.


Key Terms to Privacy

“Nonpublic Personal Information” – Personally identifiable financial information that is provided by a customer or potential customer to a financial institution, that results from a transaction with the customer or that is otherwise obtained by the financial institution in connection with providing a financial product or service.

“Affiliate”- Any entity existing from time to time that is part of Fenics FX’s family of companies by virtue of common ownership or control.

“Non-Affiliated Third Party” – Any entity that is not part of Fenics FX’s family of companies.


Last updated: February 2018