1.1 At NG Clearing Limited (“NG Clearing” or “we” or “us” or “our”), we aim to protect your privacy and treat your Personal Data (defined below) responsibly. We will always keep your Personal Data safe, and we are transparent about how and why we collect and process your Personal Data.
- the Personal Data we collect and process, but it may not address all possible data processing scenarios;
- the purpose of collecting and processing your Personal Data;
- the standards we apply to your Personal Data;
- your rights in connection with the processing of your Personal Data.
2. PERSONAL DATA AND COOKIES
2.1 Personal Data is any information relating to you, including not limited to your name, address, photograph email address, bank details, posts on social networking websites, medical information, identification number, location data, an online identifier or to one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity, unique identifier such as but not limited to MAC address, IP address, IMEI number, IMSI number, SIM, and information that can be used on its own or with other information to identify, contact, or locate a you, or to identify you in a context.
- A cookie is a file in your web browser which asks permission to be placed on your computer’s hard drive and enables us to recognise your computer when you visit our website. A cookie does not provide us with your Personal Data. Therefore, if you have not supplied us with any Personal Data, you can still browse our site anonymously.
3. DATA COLLECTION
3.1 Personal Data that NG Clearing Collects Directly from You
3.1.1 NG Clearing collects Personal Data from you when you use our website or service. The type of Personal Data that we collect from you depends on your particular interaction with the website or the service you seek to access. We may collect the following information from you: name, gender, country of residence, office or residential address, phone number, job title, company, investor type, e-mail address, details of next of kin, marketing and communication preferences, username and password.
3.2 Personal Data that NG Clearing Collects Automatically
3.3 Personal Data that NG Clearing Collects from Third Parties
3.3.1 NG Clearing collects information about you from third party sources such as identity verification services and analytics providers in accordance with the provisions of a written contract between NG Clearing and the third party.
3.3.2 We also receive Personal Data from market participants such as exchanges and clearing participants that you have authorised to transfer your Personal Data to us. These parties are responsible for managing their use of your Personal Data.
3.3.3 The Personal Data that NG Clearing collects about you from third parties includes but is not limited to your name, date of birth and contact details.
- We only collect Personal Data that is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
4. GROUNDS FOR PROCESSING YOUR PERSONAL DATA AND COOKIES
4.1 Personal Data
4.1.1 We process your Personal Data for:
- the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
- compliance with a legal obligation to which you are subject;
- the protection of your vital interests or that of another natural person; or
- the performance of a task carried out in the public interest or in the exercise of official public mandate vested in us.
4.1.2 Where none of the reasons above apply, your decision to provide Personal Data to the Company is voluntary and indicates your consent. However, if you do not provide certain information, we may not be able to accomplish some of the purposes outlined in this Notice. If we process Personal Data based on your consent, you may withdraw your consent at any time. The withdrawal of your consent will not affect the lawfulness of the processing carried out before the withdrawal of the consent.
4.2.1 Upon entering our website, you were immediately introduced to this Policy and requested to enable cookies on your browser. Once you enable cookies, the cookie file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site.
4.3 We shall process your Personal Data lawfully, fairly, in a transparent manner and with respect for your dignity.
5. HOW NG CLEARING USES THE PERSONAL DATA AND COOKIES IT COLLECTS
5.1 NG Clearing uses your Personal Data and cookies to:
- communicate with you, including to respond to your comments or requests for information, to request feedback on our products and services, and to notify you about changes to your subscriptions/ registration or to the services you use;
- help us understand you, to tailor and enhance NG Clearing’s product and service offerings, anticipate and resolve problems with any products or services supplied to you, create products or services that may meet your needs;
- provide access to restricted pages or contents of the website;
- comply with legal and/or regulatory requirements and cooperate with regulators and law enforcement bodies;
- facilitate your activity and to identify you when you log into your account on the website;
- send you marketing communications and advertising in line with your communication preferences, and where permitted by applicable law, about products, services and opportunities that we believe would be of interest to you, including products and services offered by third parties or to provide you with products and services that you request from us;
- protect our rights, your rights, and the rights of others;
- meet NG Clearing’s own high standards of business practice;
- ensure that the content in our website is presented to you in the most effective manner and to improve the content of our website.
- manage and administer the products and services provided to you;
- keep you updated as a client in relation to changes to our services and relevant matters;
- provide, improve, test, and monitor the effectiveness of our services; and
- monitor metrics such as total number of visitors, traffic, and demographic patterns.
6. THIRD PARTIES ACCESS
6.1 We may disclose your Personal Data to:
- third-party vendors and service providers in the course of dealing with you. Any third parties that we may share your Personal Data with are obliged to keep your Personal Data securely, and to use them only to fulfil the service they provide you on our behalf. When they no longer need your Personal Data to fulfil this service, they will dispose of your Personal Data in line with established procedures;
- public bodies such as regulatory, government agency, court or other third parties such as but not limited to, the police authorities, and the tax agencies, where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise , defend or establish our legal rights or (iii) to protect your interest or those of any other person; or our auditors, legal representatives, employees, advisors and any other person in connection with any advisory service they provide to us in the course of our legitimate business purposes.
7. TRANSFER OF PERSONAL DATA
7.1 In the event of any arrangement whereby NG Clearing sells or transfers all, or a portion of, its business or assets (including in the event of a reorganization, dissolution or liquidation) to third parties, you hereby consent that your Personal Data held with NG Clearing can be transferred or assigned to third parties who may become the controllers and/or processors of your Personal Data that was held by NG Clearing prior to such arrangement. NG Clearing shall at all times ensure that you are notified when your Personal Data is intended to be transferred to third parties in the circumstances outlined in this paragraph.
7.2 You consent to the transfer of your Personal Data to a recipient in a foreign country or to an international organisation located outside of Nigeria, if we comply with the Nigeria Data Protection Regulation 2019 (as may be amended, extended, re-enacted or consolidated from time to time – the “NDPR”).
8. SECURITY AND PROTECTION
8.1 NG Clearing takes the security of your Personal Data very seriously, and will take all appropriate technical measures using recognized security procedures and tools in accordance with good industry practice, to protect your Personal Dara.
8.2 Whilst NG Clearing uses all reasonable endeavours to protect your security in the manner described above, NG Clearing considers that it is only appropriate to advise users that data transmission over the internet and the world wide web cannot be guaranteed as completely secure, and therefore, that you use the website and our services at your own risk.
8.3 To the extent allowed by law, NG Clearing assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the internet.
9. DATA INTEGRITY, STORAGE AND RETENTION
9.1 We take reasonable steps to ensure that Personal Data we process is reliable for its intended use, accurate, and complete as necessary to carry out the purposes described in this Policy.
9.2 Personal Data will be stored in one of our data centers or in the data centers of our approved vendors.
9.3 We shall retain and use your Personal Data only as long as is necessary to implement, administer and manage your request and contract with the Company, or as required to comply with legal or regulatory obligations, including under tax and security laws.
10. USER OBLIGATIONS
10.1 You are required to familiarise yourself with this Policy and to ensure that the information you provide to us is complete, accurate and up to date.
10.2 NG Clearing recommends that you do the following:
- keep your user login details such as your user ID and password confidential. NG Clearing will never ask you for your password in any unsolicited communication (such as letters, phone calls or e-mail messages).;
- utilise a unique password and change it frequently;
- make sure no one is watching you enter your login details, including your user ID and/or password on your keyboard when using protected elements of the digital services or website;
- do not leave your device unattended while logged onto the website or our digital service; and
- when you finish accessing your information, exit the protected area.
10.3 Please keep your Personal Data up to date and inform us of any significant changes to your Personal Data.
10.4 You agree to inform your dependents whose Personal Data you provide to us about the content of this Policy, and where relevant, to obtain their consent for the use (including transfer and disclosure) of that Personal Data by the Company as set out in this Policy.
11. ACCESS, CORRECTION, ERASURE, QUESTIONS AND COMPLAINTS
11.1 You may access, modify or correct most Personal Data about you by contacting us. If you have any questions or concerns about how we process your Personal Data or if you wish to request access, correction, cessation or restriction of use, anonymisation, suppression, deletion or a copy or portability of your Personal Data (to the extent these rights are provided to you by applicable law and is not inconsistent with other obligations), please contact us via the contact details in paragraph 11.5 below.
- Please note, however, that certain Personal Data may be exempt from such requests and we may require some form of identification (International Passport, Driver’s Licence, National Identity Card, Permanent or Voter’s Card) before processing your request.
- We will respond to your request as soon as reasonably practicable in accordance with applicable law. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.
11.4 We can deny you access to the information where we determine that your request is unreasonable.
11.5 If you have any questions, comments or complaints about our collection, use or disclosure of Personal Data, or if you believe that we have not complied with this Policy or relevant Nigerian laws, please contact our Data Protection Officer at [email protected].
11.6 You may lodge a complaint with the NITDA about the collection or processing of your Personal Data.
12. LINKS TO THIRD PARTY SITES
12.1 Our website may contain links to other websites owned and operated by third parties. These links are provided for your information and convenience only and are not an endorsement by us of the content of such linked websites or third parties. The information that we collect from you will become available to these websites if you click the link to the websites.
12.2 These linked websites are neither under our control nor our responsibility. NG Clearing, therefore, makes no warranties or representations, express or implied about the safety of such linked websites, the third parties they are owned and operated by and the suitability or quality of information contained on them.
13. VIOLATIONS OF THIS POLICY
13.1 We have put in place procedures to deal with any suspected Personal Data breach and will notify you of any Personal Data breach and let you know the steps we have taken to remedy the breach and the security measures we have applied to render your Personal Data unintelligible.
13.2 If you know or suspect that a personal data breach has occurred, you should immediately contact us at [email protected].
13.3 NG Clearing will not be responsible for any personal data breach which occurs as a result of:
- an event which is beyond the control of NG Clearing;
- an act or threats of terrorism;
- an act of God (such as, but not limited to fires, explosions, earthquakes, drought, tidal waves and floods) which compromises our data protection measures;
- war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
- rebellion, revolution, insurrection, or military or usurped power, or civil war which compromises our data protection measures;
- the transfer of your personal data to a third party on your instructions; and
- the use of your personal data by a third party designated by you.
- failure to implement safeguards required by the NDPR or any of the security measures provided in this Policy;
- failure to mitigate the damage once it has occurred; or
- failure to timely notify the affected individuals;
may be liable, in addition to any other civil liabilities, to the penalties provided in the NDPR.
This Policy was last updated on 1st September 2020.