Privacy Policy

1. The Scope

1.1 This policy outlines the types of Personal Data the Company collects about individuals and explains how that information is processed, shared with third parties, and protected.

1.2 This Policy applies to information relating to an identified or identifiable individual. An identifiable individual is someone who can be identified directly or by using other information that we hold or can reasonably access.

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

1.4 Our services are intended for a general audience and are not meant for anyone under 18 years of age. We do not knowingly collect or solicit information from individuals under 18, and we do not knowingly permit them to use our services. If we become aware that we hold information about a child, we will delete it as promptly as possible.

2. What Personal Data Do We Have on You

2.1 When you use our service and channels or visit our website, we collect Personal Data. In certain situations, we may ask you to provide your Personal Data.

2.2 In other cases, we collect your Personal Data by reviewing how you use our Services or service channels, or by obtaining 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 cases, choosing not to provide certain Personal Data may prevent Us from delivering the Services or may limit users’ access to 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 receive 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 includes your full name, address, telephone 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 on the basis of the applicable legal grounds.

5.3 For more information about the processing required to protect legitimate interests, please contact us by email.

5.4 Below is a list of the reasons and legal bases for which we may use the information you provide to us:

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, providers of IP address information, and providers of user experience analytics.

6.2 You may also request that we share specific Personal Data about you with third-party trading platforms. In these cases, we will provide the Personal Data you have given Us to those third-party trading platforms. Their use of your Personal Data will be governed by their own privacy policies. Your Personal Data may be shared with more than one trading platform.

6.3 The Company may share Personal Data with affiliated entities or business partners. This may give the Company access to the resources it needs to improve and enhance the products and services it offers to its customers.

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

6.5 We may also disclose your Personal Data to prospective investors or purchasers, or to lenders of the Company or any other company within the corporate group, if a relevant transaction is contemplated or completed, including a transfer or sale of assets of the Company or any other group company, or in connection with a merger, reorganization, consolidation, or insolvency proceeding involving the Company or any other business in 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 companies. These companies may also use cookies or similar technologies.

7.2 Cookies are small text files stored on your device each time you visit or access the website. They help collect information about your preferences and browsing activity so the user experience can be improved, your settings remembered, and the products and services most relevant to you tailored accordingly. 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. Persistent cookies stay on your device for a period of time after your browser is closed. They are used to help the Website recognize you as a returning user and allow you to return to the website more easily.

7.5 However, please note 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 respond to do-not-track signals.

8. Retention of Personal Data

8.1 The Company will keep your Personal Data only for as long as needed to carry out the purposes for which it is processed, as set out in this Policy, or for any longer period allowed under applicable laws, regulations, internal policies, or legally binding 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 retain to make sure it is no longer required.

9. International Transfers

9.1 Your personal information may be transferred outside Canada, including to other countries or international organizations. The Company takes all necessary measures to protect the Personal Data you provide and to ensure that users can exercise their rights and access effective legal remedies.

9.3 The Company may provide details on the security measures it uses to protect your Personal Data when it is transferred to third countries or international organizations. To request this information, please email: support@kestrelfundane.com

10. Security of Personal Data

10.1 We have implemented appropriate organizational and technical safeguards to protect Personal Data, including measures to prevent its accidental or unlawful destruction, loss, or alteration.

10.2 We cannot guarantee that your Personal Data will remain completely secure at all times, nor can we warrant that any safeguards will operate without error. We are also not liable for any indirect, incidental, or consequential damages resulting from the use or disclosure of Personal Data. This includes, without limitation, any disclosure of Personal Data caused by transmission errors, unauthorized access by a third party, or any other circumstance beyond our control.

10.3 If we are required by law or by circumstances beyond our control to disclose your Personal Data to third parties, including public authorities, we may have to do so. In these cases, we are not able to control how those third parties protect your Personal Data.

10.4 Personal Data cannot be transmitted over the internet with complete security. The Company cannot guarantee the safety 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 operated or overseen by the Company. We are not responsible for how these 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 website or app, we recommend reviewing its privacy policy. We also suggest considering carefully before providing any Personal Data to those third parties.

12. Modifications to This Policy

12.1 We may update this Policy at any time. If changes are made, we will notify you by posting the revised Policy on our website.

12.2 We may also make important changes to this Policy from time to time. When that happens, we will try to let you know in the way we consider most appropriate and will post a notice on our website.

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

13. Your Rights

13.1 You have the right to ask us to confirm the accuracy of the Personal Data we collect about you, correct any errors, and delete any Personal Data that we no longer need. You may also request limits on how your personal information is processed.

13.2 If you reside in the EEA, please refer to this page. These rights apply to the information you provide in connection with your Personal Data. To exercise any of these rights, you may email us at the address below.

13.3 Access rights The Company may verify the accuracy of the Personal Data being processed about you. If your Personal Data is being processed, you have the right to access it. 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 in electronic format. Your right to access Personal Data must not adversely affect the rights and freedoms of others. If fulfilling the request would prejudice another person’s rights and freedoms, the Company may refuse the request or limit the extent to which it can comply.

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

13.5 Right to Erasure You may request the deletion of your Personal Data in the following circumstances: (a) the Personal Data are no longer needed for the purposes for which they were collected or otherwise processed; (b) you withdraw your consent and there is no other legal basis for the processing; (c) you object, for reasons related to your particular situation, to the processing of your Personal Data where that processing is based on legitimate interests pursued by Us or by a third party; (e) the Personal Data have been processed unlawfully; or (f) the Personal Data must be deleted to comply with a legal obligation applicable to 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 claims.

13.6 Restrictions on processing If you have concerns about the accuracy of your Personal Data, you may ask the Company to limit how your Personal Data is processed. If you request a restriction on processing, your 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 required for reasons of substantial public interest under applicable law.

13.7 Right to data portability Where processing is carried out by automated means and is based on your consent or on 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 review it. You may also request that the Company transfer your Personal Data directly to another data controller, where technically feasible. Exercising your right to data portability does not affect your rights under the right to erasure. This right must not adversely affect the rights or freedoms of others.

13.8 Right to object You may object at any time to the processing of your Personal Data where it is based on the legitimate interests of the Company or a third party. This right also applies to profiling carried out on that basis. If we demonstrate compelling legitimate grounds for processing your Personal Data, we may continue to do so unless you 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 refuse 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 based on your consent before it was withdrawn. You also have the right to file a complaint with the relevant supervisory authority. You may submit a complaint to a supervisory authority established to protect individuals’ fundamental rights in connection with the processing of Personal Data. Applicable laws may limit your rights regarding your Personal Data, as described in this section 13.

13.10 We will provide the information you request in accordance with the rights set out in section 13 of this agreement within one month of receiving your request. If necessary, this period may be extended by up to two additional months, depending on the nature of your request and the number of requests received. If an extension is required, we will notify you 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 Act, the information you request in exercising your rights under section 13 will be provided at no charge. If a request is unfounded or excessive, particularly if it is repeated, we may charge a reasonable fee to cover the administrative costs of providing the information or taking the requested action. We may also decline to act.

13.12 If we have reason to question whether the request was submitted by the individual concerned, we may ask the person making the request to provide reasonable proof of identity.