All Forex Dealer Members are required by NFA Rules to provide customers with an annual written notice regarding NFA's Background Affiliation Status Information Center ("BASIC") system. We are also required to provide written notice of our privacy statement. Both are provided below for your information.
NFA BASIC Information System Disclosure
Whether you are an investor thinking about opening a forex account or an NFA Member contemplating a new business relationship, BASIC can be a valuable resource for you. BASIC contains Commodity Futures Trading Commission (CFTC) registration and NFA membership information and futures-related regulatory and non-regulatory actions contributed by NFA, the CFTC and the U.S. futures exchanges.
You can access NFA's BASIC system via the following link: http://www.nfa.futures.org/basicnet/
GAIN Capital's Privacy Statement
Protecting the privacy and safeguarding the personal and financial information of our clients and website visitors is one of our highest priorities. The following Privacy Statement explains how GAIN Capital collects and protects your personal information. References to "GAIN Capital" in this Privacy Statement include all GAIN Capital companies and divisions, including FOREX.com.
By opening a GAIN Capital account or by using GAIN Capital websites, you give your consent to the collection and use of personal information by GAIN Capital as explained in this Privacy Statement.
Collection of personal information
We collect your personal information directly from you and indirectly as a result of your relationship with us. GAIN Capital may use the information collected from you to verify your identity and contact information, establish your trading account, issue you an account number and a secure password, maintain your account activity and contact you with account information, among other reasons. This information also helps us improve our services to you, customize your browsing experience and inform you about additional products, services or promotions that may be of interest to you.
You directly provide us with the majority of information we collect. This information includes your contact details, including name, mailing address, telephone number and e-mail address, personal identification data we are required by law to collect, including your social security number, passport number and/or tax identification number, and information required by law to assess your trading experience and risk tolerance, including your annual income, net worth and available risk capital. We also collect demographic information when you open an account, including gender, birth date, occupation and employment status.
You provide us with this information by completing the account application and related documentation, by sending us an e-mail or by submitting information in response to a promotion or special offer.
The information we collect indirectly from you includes your Internet protocol (IP) address, browser type, operating system, Internet service provider (ISP), time stamps, transaction history. Should you close your account with us, GAIN Capital will retain your information, but only use it to comply with regulatory requirements and to periodically contact you to offer you the opportunity to reactivate your account or participate in other offers.
We may share website usage information about visitors with reputable advertising companies for the purpose of targeting our Internet banner advertisements. The information shared is not personally identifiable. We may also use 3rd party software to track and analyze usage and volume statistical information including page requests, form requests and click paths – this tracking may set cookies on behalf of GAIN Capital.
Sharing Personal Information with GAIN Capital affiliates and Non-affiliated third parties
GAIN Capital does not sell, license, lease or otherwise disclose your personal information to any affiliate or third party for any reason, except as described below.
GAIN Capital may share information with affiliates if the information is required to provide the product or service you have requested or to provide you the opportunity to participate in the products or services our affiliates offer.
To help us improve our services to you, we may engage another business to help us carry out certain internal functions, such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a non-affiliated third party with client information from our database, including your name, address, phone number, and/or e-mail address, to help us analyze and identify client needs, notify clients of product and service offerings or conduct general marketing and market research for us.
GAIN Capital also forges partnerships and alliances with non-affiliated third parties which offer high-quality products and services that might be of value to our clients. In order to ensure that these products and services meet your needs and are delivered in a manner that is useful and relevant, GAIN Capital may share some personal information with these non-affiliated third parties.
We require that all non-affiliated third parties to which we provide your nonpublic personal information agree to keep your information confidential and use such information solely for the limited purpose for which we have engaged them, or as otherwise required by law. In addition, where offers are made to you by non-affiliated third parties, we generally require that they disclose that the offer is being extended because of your relationship with us. We also seek to ensure that these non-affiliated third parties maintain appropriate data security procedures to guard against unauthorized use of, or access to, your personal information.
When required by law, GAIN Capital reserves the right to disclose your personal information to third parties or regulatory, law enforcement or other government authorities. We may also disclose your information to credit reporting or collection agencies, or when necessary to protect our rights or property.
The security of your personal information
We employ physical, electronic and procedural safeguards to guard your nonpublic personal information. When you open an account with us, you are issued a unique account number, User ID and a password. Only a limited number of GAIN Capital employees who have a need to know this information will have access to it. Remember that you are ultimately responsible for maintaining the secrecy of your account number, User ID and password. We strongly recommend that you do not disclose this information to anyone.
On our websites and online account application we use technology to encrypt information transmitted by or to you. We use certificate authority (CA) certificates to authenticate our websites and secure trading and customer-facing applications, allowing you to verify that you are connected to our websites.
We conduct regular internal audits of our business practices and procedures, examining confidentiality standards and information access in order to protect your personal information.
Changes to this Privacy Statement and Opting Out
In the event GAIN Capital materially changes this Privacy Statement, the revised Privacy Statement will promptly be posted to our websites. By opening an account with us, you are deemed to agree to accept posting of a revised Privacy Statement electronically on our website as actual notice to you.
Under certain circumstances, such as with respect to our sharing of your personal information with non-affiliated third parties, you may inform us that you would like to "opt out" by contacting us through the contact information listed below. Note that for joint accounts, an opt out election made by one account owner of a joint account is applicable to all account owners of the joint account. An opt out election must be made for each separate account you hold at GAIN Capital.
Any dispute over our Privacy Statement is subject to this notice and the GAIN Capital Customer Agreement. If you have any questions that this Privacy Statement does not address, please contact a Client Services representative.
You may contact GAIN Capital for any reason under this Privacy Statement, or otherwise, as follows:
Toll Free (US) Call: 1.877.424.6227
Attention: Privacy Issues
135 US Highway 202/206
Bedminster, NJ 07921
Last Updated: June 7th, 2016