This policy document relates to the following entities:
Nanovantage (PTY) LTD
(Trading as) Sirius Trading Systems
and is applicable to the following applications:
Sirius Trader
Version: 2
Last updated : 19 August 2024
URL: https://www.siriustradingsystems.com/docs/privacy/policy20240819.html
Terms & Conditions, Privacy and Data Protection Policy 1
1. Collection and use of information 3
2. Protection of personal data 6
3. Retention of personal data 6
6. Point of contact for inquiries 10
7. Application - types of personal information 10
8. Application - parties involved 10
9. Application - secure data handling procedures for personal and sensitive user data 10
10. Application - developer’s data retention and deletion policy 10
By logging onto and making use of this application, you agree to the below terms and conditions:
This Privacy and Data Protection Policy sets out the basis which (“Sirius Trading Systems”, "we", "us", or "our") may collect, use or otherwise process personal data via our mobile application ("Application", “Sirius Trader”) and other services provided by us and on which a link to this Privacy Policy is displayed, and all other communication with individuals through written or oral means, such as email, chat or phone (collectively together with the Application and Products, our "Services").
We respect your privacy and are committed to protecting and respecting your personal data. This privacy policy aims to give you information on how we collect and process any personal data i.e. information about a Client (as defined below) who is a natural person on the basis of which that Client can be identified (hereinafter the data) in accordance with the applicable data protection legislation and best practice.
It is important that you read this privacy policy together with any other privacy policy, terms and conditions we may provide as prompted when we are collecting or processing your data about you so that you are fully aware of how and why we are using your data.
means any information relating to an identified or identifiable natural person (‘data subject’, “Client”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
means a unique personified account registered in the name of the Client and which contains all of the Client’s transactions/ operations on the application.
means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
means the marking of stored personal data with the aim of limiting their processing in the future.
means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by legal authority or regulatory authority.
means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
a) you directly provide us via our application or upon your request regarding our products or services,
b) we receive from the use of our products and services including but not limited to our application
(a) performing obligations under a contract or in the course of or in connection with our provision of the goods and/or services requested by you;
(b) verifying your identity;
(c) responding to, handling, assessing queries, requests, applications, complaints, vacancy requests, and feedback;
(d) managing your relationship with us;
(e) sending you marketing information, including but not limited to surveys and questionnaires, about our products or services;
(f) complying with any applicable laws, regulations, codes of practice, guidelines, directives or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
(g) any other purposes for which you have provided the information;
(h) transmitting information to any affiliated third parties, including our third party service providers and agents, and relevant governmental and/or regulatory authorities for the aforementioned purposes in this section;
(i) any other incidental business purposes related to or in connection with the above;
(j) update, fix errors, administer and improve the features and functionality of our applications and associated services;
(k) to analyse application performance via collection of statistical data.
(l) data in KYC (Know your customer) includes identity document information, including copies of recently dated Utility Bills, Identity Card, Passport, and/or Driver’s License for the purpose of verifying your identity
The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you or other lawful purposes).
In addition to the specific purposes for which we may process your personal data set out in this Section , we may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another person.
We provide our services in collaboration with companies that provide services on our behalf, such as handling the processing and delivery of information, publication of information in the applications, delivery of content and services provided by the applications , or performing statistical analysis on the use of the applications and the aforementioned services. These service providers will be given limited access to your information as is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy, or operate under a similar privacy policy.
We take all reasonable steps so that our third-party service providers do not use your personal data for their own purposes and only permit them to process your data for specific purposes and in accordance with our instructions.
We do not sell, rent, lease or freely distribute our mailing lists to any third party.
We recognize the importance of protecting the information about minors and we do not knowingly collect any personal information from minors under eighteen (18) years of age. Our application and services are directed to persons over eighteen (18) years of age, we accept no responsibility for any failure to comply with this requirement.
We encourage parents and legal guardians to take the appropriate measures to prevent children under eighteen years of age from using this application without the appropriate permission.
In the event we become aware that we have received personal information from a visitor under eighteen (18) years of age, we shall delete as soon as reasonably practicable and not make use of such information.
We may collect other non-personal information about the use of our Software Applications, as well as other actions related to the use of our products or services. We may also collect certain technical information necessary for the operation and update of our products/services and the collection of anonymous statistics on the use of such products/services, along with any error reports about our products.
We endeavour to ensure protection of the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorised alteration, unauthorised disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us.
We may retain data for different periods of time for different purposes as required by statute, our legitimate interests or best business practices. We store your data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for your data, we consider the amount, nature and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure of your data, the purposes for which we process your data and whether we can achieve those purposes through other means, and the applicable legal, tax, accounting and other requirements.
We unambiguously comply with the conditions and stipulations of the South African Protection of Personal Information Act 4 of 2013 (POPIA) and confirm that we will honour and respect the integrity of all, and any information disclosed to us by our clients and users of the application, their agents or information contained in records regardless of the nature of such records.
(a) the right to access
You have the right to confirm as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data.
(b) the right to rectification
You have the right to request to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
(c) the right to erasure
In some circumstances you have the right to request the erasure of your personal data if established that the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw permission to authorization-based processing; you object to the processing under certain rules of applicable data protection law and if established that the personal data has been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation or for the establishment, exercise or defence of legal claims and for reasons of public interest.
(d) the right to restrict processing
In some circumstances you have the right to restrict the processing of your personal data, for example when you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data and we will only process it for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest.
(e) the right to object to processing
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is necessary for the performance of a task carried out in the public interest or in the exercise of any official authority vested in us or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
You have the right to object to the processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
(f) the right to data portability
You have the right to obtain the personal information provided to us given that
(g) the right to complain to a supervisory authority
If you consider that the processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
(h) the right to withdraw authorization.
To the extent that the legal basis for our processing of your personal information is authorised, you have the right to withdraw that authorization at any time in which case we may not be able to provide to you some of the features and functionality of our Services. Withdrawal of permission will not affect the lawfulness of processing prior to the withdrawal request.
We have put in place appropriate security measures to prevent your data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your data on our instructions and they are subject to a duty of confidentiality.
However, in the event of unauthorised breaches or intrusions into our systems that may affect your personal data security, we will notify you as soon as it is practically feasible and we will take all necessary measures and actions to avoid future occurrences and similar phenomena.
Should the breach occur as a result of the clients (user’s) own negligence, we shall not be held responsible for any damage or loss caused to the user due to improper use (including prohibited and unprotected use) or storage of username, passwords or account login credentials, including any such use made by a third party, and whether or not known to or authorised by the Client.
Inquiries may be directed to sirius.app@siriustradingsystems.com with subject “Inquiry - privacy policy”
The application collects, uses, shares the following information from the user:
The user information is shared with the relevant agent/broker.
The broker, in performing its services, will be sharing the relevant user information with the exchange on which the trades are executed. Also refer to section 1.3 above.
All communication between the application and the back-end services are encrypted to provide for secure data transfer.
Refer to section 3 (Retention of data) above.
Also note that the application does not cater for the creation of user accounts and therefore does not provide an option for the user to submit a request for account deletion. Such requests can be taken up directly with the broker/agent.