Privacy Policy

Account Holders are deemed to be a client of TD Markets (Pty) Ltd t/a TDME (Financial Sector Conduct Authority License No. 49128) (“TDME”, “we”, “our”, or “us”), a company duly incorporated in the Republic of South Africa, and the terms of this Privacy Policy shall apply to your use of the Services.

Please carefully review this Privacy Policy before proceeding to access or make use of our website or associated services. Your continued use of the TDME website signifies your full understanding and acceptance of this Privacy Policy. If you do not accept the terms contained herein, you are prohibited from accessing or using this website or any related services.

 

1. INTRODUCTION

1.1 This Privacy Policy forms an integral part of the Terms of Service governing the use of the services rendered by TDME to its customers (“Services”). It must be read in conjunction with and as if specifically incorporated into those Terms of Service, which may be amended from time to time.

1.2 This Policy applies to your use of the TDME platform, including access via desktop, mobile application (App), or through any Application Programming Interface (API) made available by TDME (collectively, the “Website”).

1.3 Where a separate data processing agreement or operator agreement has been concluded between you and TDME, the provisions of such agreement shall prevail in the event of any direct inconsistency with this Privacy Policy, but only to the extent of such inconsistency.

1.4 This Privacy Policy does not govern the practices or data usage policies of third-party entities that may interact with TDME during the course of its operations – including, but not limited to, their respective websites, applications, systems, or platforms – which are neither owned nor controlled by TDME. These external parties may operate under separate privacy frameworks, and you are strongly encouraged to familiarise yourself with those before engaging their services.

1.5 TDME values transparency in its handling of Personal Information. While you are encouraged to read this Policy in its entirety, the following key principles are noted for emphasis:

1.5.1 TDME’s objective is to facilitate an efficient and seamless trading experience for individuals, corporates & institutions in line with applicable reporting policy. If you are not prepared to have your personal data collected, processed, or disclosed in accordance with the terms set out herein – or if you are under the legal age of majority or otherwise lack the legal capacity to be bound by this Policy – you must discontinue use of the Services immediately.

1.5.2 Personal Information is collected and processed in accordance with Section 2 of this Policy.

1.5.3 TDME may, where necessary, share your Personal Information with carefully vetted third-party service providers and partners, both to deliver its Services and to comply with applicable legal and regulatory obligations.

1.5.4 You are afforded mechanisms to access, update, correct, or request the deletion of your Personal Information as further outlined herein.

1.5.5 TDME provides a dedicated support service should you require assistance, clarity, or further detail on how your data is handled.

 

2. PRIVACY POLICY

2.1 For purposes of this section, the term “Personal Information” shall bear the meaning assigned to it under applicable data protection legislation. TDME adheres to the core principles governing the electronic collection and handling of Personal Information, as set out in such legislation. It is noted that these regulations typically do not apply to data that has been De-Identified. The definitions below (while not exhaustive) shall apply for purposes of interpreting this Privacy Policy. Any capitalised terms not explicitly defined herein shall carry the meaning ascribed to them in TDME’s Terms of Service.

2.1.1 The term “Account Holder” refers to any natural or juristic person that has registered an account with TDME on the Website.

2.1.2 “Biometric Information” refers to methods of identifying individuals based on inherent physical, physiological, or behavioural characteristics, which may include fingerprints, retinal scans, or voice recognition data.

2.1.3 “Consent/ed” refers to a clear, voluntary, specific, and informed indication of an individual’s agreement to the processing of their Personal Information.

2.1.4 A “Data Breach” refers to any event where there are reasonable grounds to suspect that an individual’s Personal Information has been accessed, acquired, or compromised by any unauthorised party.

2.1.5 “Anonymised” means to remove or obscure any element of Personal Information that could identify an individual, whether on its own or when combined with other data reasonably available to determine an individual’s identity.

2.1.6 “Direct Marketing” refers to any approach made to an individual, whether in person, via physical correspondence, or through electronic means, with the direct or indirect purpose of promoting or offering to supply products or services in the ordinary course of business.

2.1.7 “Process/Processed/Processing” refers to any operation or set of operations performed on Personal Information, whether by automated or manual means, and includes:

2.1.7.1 the collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, consultation, or use thereof;

2.1.7.2 the disclosure by transmission, dissemination, or making available in any form; and

2.1.7.3 the linking, merging, restriction, degradation, erasure, or destruction of such data.

2.1.8 The term “Record/s” includes any documented or stored information, regardless of medium, format, or method of production, including data generated, captured, or retained via electronic or digital means.

2.1.9 A “TDME Account” refers to a trading or user profile registered with TDME via the Website for the purpose of accessing its offered Services.

2.1.10 “User” refers to any individual or legal entity who visits, interacts with, or receives information from the Website, inclusive of Account Holders.

2.2. In adopting this Privacy Policy, TDME seeks to strike a fair balance between its legitimate commercial interests and the User’s reasonable expectation of privacy. Accordingly, TDME shall implement all reasonably practicable safeguards to prevent unauthorised access to or disclosure of Personal Information.

2.3. TDME may collect and Process the following categories of Personal Information from Users:

2.3.1 Administrative and financial data, including banking details, credit and/or debit card credentials, source of funds and/or wealth, transaction history, tax identification numbers, and associated supporting documentation.

2.3.2 Automatically collected technical data, which may include information obtained via cookies (as further addressed in clause 5 below), device type, browser configuration, operating system, IP address, device-specific identifiers and characteristics, user interaction data with the Services, and diagnostic or error reporting data.

2.3.3 Biometric data submitted by the User when verifying their identity via TDME’s onboarding process, including facial liveness tests (e.g., photographs, video submissions, or similar visual/audio recordings), or any biometric authentication procedures utilising identification documents.

2.3.4 Correspondence-related data, encompassing information voluntarily or implicitly shared with TDME’s support channels, such as email addresses, telephone numbers, and any other Personal Information disclosed in the course of support interactions.

2.3.5 Device and location data, such as log files, IP address records, device fingerprinting data, and data collected via authentication tools or cookies and related tracking technologies.

2.3.6 Identity and verification data, including the User’s full legal name, date of birth, nationality, contact number, email address, jurisdiction of residence (including proof thereof), employment status, and official identification numbers or credentials necessary to assign a unique identifier.

2.3.7 Information received from third-party sources, including public registries, blockchain explorers, sanctions and screening lists, affiliates, marketing and data analytics service providers, or other reputable data aggregators.

2.3.8 Legal entity data, in the event the User is a juristic person, such as incorporation certificates, registration status with applicable regulatory authorities, and identifying information relating to all beneficial owners or controllers of the entity.

2.3.9 Supplementary lawful data obtained through authorised third-party service providers engaged by TDME to support or enhance the provision of its Services.

2.3.10 National identification data, such as scanned or photographic copies of government-issued identity documents, passports, driving licenses, and any related immigration or visa documentation.

2.3.11 Preference data, including any information voluntarily submitted by the User relating to their preferred digital assets, trading preferences, or platform configuration selections.

2.3.12 Transactional data, including the nature, scope and metadata associated with transactions initiated or executed via the Services, such as counterparties, digital asset types, amounts, chosen payment methods, timestamps, and blockchain wallet identifiers.

 

2.4. Information Collected from Natural Persons

2.4.1. Identifiable Information may include your first name, surname, identity number, physical address, email address, cell phone number, and date of birth. This information may also extend to any login credentials linked to third-party services (e.g., social media accounts such as Facebook, LinkedIn, or Twitter).

2.4.2. Biometric Information includes personal images, audio or voice recordings, video recordings, and device fingerprint data. These may be collected as part of identity verification procedures or security protocols, including but not limited to liveness tests or multi-factor authentication.

2.4.3. Financial Information may include details such as your bank account information, bank statements, credit card details and related credit card information (which may be collected via a third-party payment processor), credit history information (as obtained for the purposes of evaluating credit-related services), source of funds, source of wealth, income tax information, and beneficiary details including full name, distributed ledger address, and customer account reference or identification number.

2.4.4. Documentation required may include identity documents (which may be submitted directly or collected through a third-party identity verification provider), proof of address, and such additional documentation as may be required from time to time under applicable KYC (Know Your Customer) and AML (Anti-Money Laundering) obligations in your local jurisdiction.

 

2.5. Information Collected from Juristic Entities

2.5.1. Identifiable Information collected from company-related parties may include the full names, surnames, and identity numbers of directors, authorised representatives, ultimate beneficial owners (UBOs), and any other individuals materially associated with the legal entity. Additional contact information may include email addresses, contact numbers, and IP addresses used to access TDME systems.

2.5.2. Financial Information may include the legal entity’s bank account details, company income tax registration information, and any other financial disclosures relating to the source of funds or source of wealth. TDME may also collect beneficiary details, including but not limited to full names, distributed ledger addresses, and customer account references or unique identifiers associated with wallets or transaction accounts.

2.5.3. Required Documentation may include company registration documents such as Certificates of Incorporation, Memoranda of Incorporation (MOI), or Articles of Association. Proof of address for the business and for any related parties may also be required. Additional documentation may include proof of VAT registration (or its equivalent), shareholder agreements, and identity documents for directors, UBOs, and authorised traders or signatories acting on behalf of the entity.

2.5.4. TDME reserves the right to request further documentation at its sole discretion in accordance with applicable legal, regulatory, and compliance obligations, including those arising under Know Your Customer (KYC) and Anti-Money Laundering (AML) frameworks in the jurisdiction in which the entity is domiciled or operates.

 

2.6. Policy Regarding Minors and Persons Without Legal Capacity

TDME does not knowingly collect Personal Information from any individual under the age of 18 (eighteen) years or from persons who are otherwise legally incapacitated, without the valid and verifiable consent of a parent or legal guardian. Access to and use of TDME’s Services is strictly limited to individuals who have attained the legal age of majority and who possess full legal capacity to enter into binding agreements.

By engaging with our Website or Services, you confirm that you are not a minor and are legally competent. In circumstances where a User is a minor or otherwise legally incapacitated, such User may only access the Services where the necessary legal consent has been provided by their lawful guardian, and the guardian agrees to the terms of this Privacy Policy on their behalf.

Should you lack legal capacity or be under the prescribed age of majority and have not obtained such consent, you are instructed not to access or use our Services or submit any Personal Information to TDME through any of our channels.

 

2.7. Consent and Lawful Grounds for Processing

At TDME, we treat your Personal Information with the highest level of care and responsibility. We endeavour to Process only the categories of Personal Information that are necessary for the purposes for which they were collected and, where appropriate, to limit Processing to the scope of your express or implied consent. This includes, but is not limited to, activities such as account registration, communications, service updates, surveys, participation in promotional initiatives, and the use of mobile-based services.

By accessing our Website or using any of our Services, you acknowledge and accept this Privacy Policy, which constitutes your consent for TDME to Process your Personal Information in accordance with applicable data protection legislation. Where required by law, or where the circumstances of collection fall outside the scope of this Privacy Policy, we may request further specific consent from you before proceeding.

TDME will only disclose your Personal Information to third parties under the following circumstances:

2.7.1. where you have provided explicit consent for such disclosure; and/or
2.7.2. where required to comply with applicable laws, regulations, court orders, or enforcement proceedings; and/or
2.7.3. where such disclosure is necessary to protect our legitimate business interests or your own legitimate interests; and/or
2.7.4. where there is a legal or regulatory obligation in the public interest; and/or
2.7.5. where the disclosure is necessary for the performance or conclusion of a contract to which you are a party, or to take steps at your request prior to entering into such contract.

 

2.8. Purposes for Processing Personal Information

By accepting this Privacy Policy, you hereby grant TDME your informed and voluntary consent to Process your Personal Information for any of the following lawful and legitimate purposes:

2.8.1. To comply with applicable Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations by conducting appropriate identity verification procedures;

2.8.2. To establish and maintain a user profile and manage your account on the TDME platform;

2.8.3. To enable access to specific features and functionalities of our Services, as permitted by your verification tier;

2.8.4. To respond to your queries, assist with troubleshooting, and resolve any disputes or complaints lodged by you;

2.8.5. To enforce TDME’s legal agreements, policies, and any other contractual terms, and to fulfil obligations under applicable regulatory frameworks;

2.8.6. To detect, investigate, prevent, and report suspected fraud, abuse, deception, or unauthorised use of TDME’s Services to the appropriate authorities;

2.8.7. To perform internal quality assessments, ensure service reliability, and maintain the operational integrity and accuracy of our platform and its related services;

2.8.8. To analyse usage patterns and levels of engagement in order to improve existing offerings and design new products and services tailored to user needs;

2.8.9. To process your application for any of TDME’s products or services, where the provision of Personal Information is mandatory. Please note that failure to furnish the required information may result in our inability to fulfil your request or complete the relevant application;

2.8.10. To inform you of relevant product updates, changes to service features, and other material developments, and to deliver customised content and marketing communications where permitted by law;

2.8.11. To conduct market analysis, derive insights into usage trends, and enhance the overall user experience through continuous development of our service offerings;

2.8.12. For lawful purposes relating to security, compliance, governance, and internal administrative functions; and/or

2.8.13. To Process, retain, and transmit originator and beneficiary information relating to qualifying Crypto Asset transactions in accordance with applicable “Travel Rule” requirements, including sharing such data with counterparties and regulated third-party service providers facilitating compliance.

 

2.9. Aggregation and Retention of Personal Information

The categories of Personal Information referenced in clause 2.8 above may be compiled, stored, and utilised in an aggregated and anonymised format for analytical, compliance, or operational purposes. 

Such data shall not be used in any manner that could reasonably lead to the direct or indirect identification of any individual data subject. TDME undertakes to maintain appropriate safeguards to ensure that your identity remains protected at all times.

 

2.10. Consent for Processing of Special Categories of Personal Information

You hereby provide your explicit Consent for TDME to collect, use, and store Special Personal Information relating to you, including but not limited to Biometric Data, criminal history records, and any other sensitive information, where such Processing is necessary to fulfil any of the purposes outlined in this Privacy Policy. 

Should you elect to withdraw this Consent, you must notify TDME in writing. Upon receipt of such notice, TDME reserves the right to restrict or discontinue access to certain products and Services that require the Processing of such information for regulatory or operational purposes.

 

2.11. Additional Grounds for Processing Personal Information

To ensure the efficient delivery and operational continuity of our Services, TDME may, where necessary and lawful, disclose your Personal Information to third parties who support our core functions. These parties may include, but are not limited to, identity verification providers, crypto asset trading platforms, liquidity and order book partners, payment processors, authorised dealers in foreign exchange, bulk communications platforms, regulators, and other licensed service providers whose involvement is essential to the performance of our contractual and regulatory obligations. TDME may also disclose such information to:

2.11.1. financial service providers, advertising vendors, and other third-party agents that assist in facilitating or enhancing TDME’s product and service offerings;

2.11.2. any entity forming part of the TDME corporate group, including any affiliate, subsidiary, or jurisdiction-specific entity that services your account or geographic region;

2.11.3. internal personnel, whether employed directly by TDME or by affiliated companies, who require access to such information in the course of their duties;

2.11.4. approved infrastructure or data partners providing blockchain services, analytical tools, charting interfaces, or similar technical resources, provided such third parties are contractually bound to process Personal Information in accordance with applicable law; and/or

2.11.5. any competent regulatory, supervisory or law enforcement body, subject to compliance with the relevant legal framework, including but not limited to the presentation of a valid subpoena, court order, or statutory request, where such disclosure is necessary to comply with legal obligations or to support investigations into suspected unlawful conduct.

 

2.12. TDME may process your Personal Information where necessary to provide user support. In order to properly address and resolve any queries or service-related issues, we may request that you submit certain Personal Information, including but not limited to customer identity details, transactional data, device or location information, and relevant communication records.

2.13. Your Personal Information may further be processed to ensure the continued security and integrity of TDME’s Services and infrastructure. This includes, where necessary, the investigation of suspicious conduct, the detection of fraudulent activity, account verification measures, and the enforcement of system safeguards to uphold the reliability of our operations.

2.14. TDME may also process Personal Information for internal research, innovation, and user experience enhancement. This may include the conduct of surveys or data analyses aimed at improving the functionality, relevance, and overall quality of our Services.

2.15. By accepting this Privacy Policy and submitting your Personal Information, you expressly consent to the transfer, storage, or processing of such Personal Information by any third-party service provider as contemplated in clauses 2.10 through 2.15 above, subject to applicable data protection laws.

 

2.16. Consent regarding processing of Personal Information by designated third-party providers.

2.16.1. TDME has appointed, and may from time to time appoint, third-party service providers to facilitate certain operational functions necessary to deliver and enhance our Services. These service providers may require limited access to your Personal Information in order to perform their contractual obligations to TDME. Such parties include, but are not limited to:

2.16.1.1. Providers of charting and data visualisation services, such as TradingView, Inc (“TradingView, Inc”), whose tools are integrated into the TDME platform for analytical and interface purposes;

2.16.1.2. Automated messaging and authentication solution providers that deliver one-time passwords (OTPs), verification codes, and similar forms of automated communication (“Automated Messages”), including email delivery services (“Email Service Providers”).

 

2.17. Storage of Payment and Transaction Data. 

2.17.1 All payment and transaction activities on the TDME platform are conducted via electronic funds transfer (EFT) or through select credit and debit card options as approved by TDME from time to time. TDME may retain a User’s designated bank account details for the limited purpose of facilitating future withdrawal transactions. TDME does not store full credit or debit card details on its systems. Such information is securely transmitted and stored by an authorised third-party payment processor, in strict adherence to the Payment Card Industry Data Security Standards (PCI DSS). This data is not accessible to TDME, its employees, or any third party acting on behalf of TDME.

2.17.2 TDME will not collect, use, or disclose any special or sensitive categories of Personal Information (including, but not limited to, information regarding racial or ethnic origin, political opinions, or religious beliefs) unless you have provided your explicit Consent, or where the collection, use, or disclosure is otherwise permitted or required by applicable law.

 

3. CROSS-BORDER FLOWS

3.1. For TDME to effectively deliver its Services, it may be necessary to transfer your Personal Information to third-party service providers located outside the jurisdiction in which you reside. These jurisdictions may have data protection laws that differ from those in your home country. By accepting this Privacy Policy and submitting your Personal Information, you explicitly Consent to the cross-border transfer, storage, and Processing of your Personal Information in accordance with the terms outlined herein.

3.2. TDME commits to exercising reasonable handling of your data to:

3.2.1. ensure that such third-party service providers adhere to the principles set out in this Privacy Policy in relation to the Processing of Personal Information;

3.2.2. restrict the unauthorised onward transfer of Personal Information by such third parties to any further third party;

3.2.3. verify that the third party has implemented adequate technical and organisational safeguards to protect Personal Information in the relevant jurisdiction; and

3.2.4. ensure continued compliance by the third party with applicable data protection laws and regulations.

 

4. LOG FILES

As with most websites, when you access the TDME Platform – even without creating a TDME Account – we may automatically collect certain information, including your IP address, the name of your Internet Service Provider (ISP), your browser type, the website you visited prior to ours, the specific pages you access on our Website and the sequence in which they are viewed, as well as the date, time, and duration of your visit. Additional technical data related to your device’s operating system, language preferences, and general demographic indicators may also be gathered. This information is compiled in an aggregated and anonymised format and does not personally identify you on its own.

However, you acknowledge and accept that if this data is combined with other Personal Information you provide to us, it may become identifiable. In such cases, your Personal Information will only be shared or transferred in accordance with your Consent and strictly in line with the provisions of this Privacy Policy. At present, any such data is utilised solely within TDME on a need-to-know basis. Under no circumstances will any individually identifiable information derived from this data be used in a manner inconsistent with this Privacy Policy without your explicit Consent.

 

5. COOKIES

5.1. TDME and its analytics partners make use of cookies, which are small data files stored on your computer or smart device by your browser. When you revisit our Website or navigate to other sites using the same cookies, your device is recognised. Below is a restructured overview of the cookies used on the TDME Website:

5.1.1. Strictly Necessary Cookies: These are essential for the proper functioning of the Website. They enable features such as secure logins and navigation. These cookies cannot be disabled and do not store any Personal Information.

5.1.2. Analytics/Performance Cookies: These cookies allow TDME to monitor website performance and understand how visitors interact with the site. The data collected is aggregated and anonymous, used to optimise content and improve the user experience.

5.1.3. Functionality Cookies: These remember your preferences and selections – such as language or region settings – to enhance usability and personalise your experience on the Website.

5.1.4. Session Cookies: These temporary cookies maintain your session as you move through the Website. They are deleted once you close your browser and do not collect identifiable information. They are critical to the consistent functioning of the Website.

5.1.5. Permanent Cookies: These cookies remain on your device between sessions and help identify returning users. While they contain no Personal Information, they allow TDME to tailor interactions and improve continuity across sessions.

5.1.6. Advertising/Targeting Cookies: These are used to deliver relevant advertisements on TDME’s platform and affiliated third-party sites. They help evaluate campaign performance and customise ad delivery. No identifiable Personal Information is extracted from these cookies.

5.2. Cookies that are placed directly by the Website’s operator are referred to as “first-party cookies”. In contrast, cookies set by other entities are termed “third-party cookies”. TDME may engage authorised third-party service providers to assist in various operational aspects of our business – such as web analytics, functionality enhancements, support services, advertising integrations, and content delivery.

5.3. We may also leverage cookies from approved third-party networks that gather behavioural information based on your browsing activity across other websites. This allows these third parties to deliver advertisements for TDME products and services that are more relevant to you. TDME does not manage or influence the type of data collected via such third-party cookies, and we recommend reviewing those parties’ own cookie and privacy policies for further details.

5.4. You retain the option to disable cookies by adjusting your browser settings to reject cookie placements. Please note, however, that doing so may restrict access to specific features of our Website. By choosing to accept cookies – or by continuing to use our Website without disabling them – you acknowledge and agree that TDME may process your Personal Information collected via these cookies, subject to the limitations and protections provided under this Privacy Policy. Should you choose to decline cookies, you acknowledge that certain interactive elements of the Website may not function optimally.

 

6. LINKS FOUND ON TDME

6.1. Our Website and the Services accessible through it may contain hyperlinks to external websites operated by third parties (“Third Party Websites”). Should you choose to access any such Third-Party Website, please be advised that you will be subject to the terms, conditions, and policies of that third party, which are entirely independent of TDME and beyond our control or responsibility.

6.2. Any hyperlinks to Third Party Websites are provided solely for your convenience and are offered “as is.” TDME does not necessarily endorse, review, or assume any responsibility for the content, opinions, or accuracy of material published on such sites.

6.3. TDME does not regularly monitor, vet, or modify content found on Third Party Websites. Any views or information expressed therein do not reflect those of TDME, and we shall not be considered the originator or publisher of such material. Additionally, we make no representations regarding the privacy standards or practices of any third party.

6.4. Users are strongly encouraged to independently assess the credibility, privacy standards, and data protection protocols of any Third-Party Website before submitting any Personal Information. TDME disclaims all liability for any loss, harm, or damages – whether direct or indirect – arising from your decision to engage with or disclose information to such third parties.

 

7. USER RIGHTS

Depending on the data protection legislation applicable in your jurisdiction, you may be entitled to certain rights in respect of how your Personal Information is Processed. Where such rights are not mandated by law in your jurisdiction, TDME retains full discretion as to whether it will extend them to you. To safeguard your privacy and prevent unauthorized access, TDME may require you to verify your identity before processing any request related to your rights. If we are unable to confirm your identity, we may deny the request or request further verification.

Should you wish to exercise any rights relating to your Personal Information, you may contact our support team directly for assistance.

7.1. Right to Access

7.1.1. You have the right to request confirmation from TDME regarding whether we hold any Personal Information relating to you, and, where applicable, to request access to such information.

7.1.2. You may further request that TDME provide a description of the Personal Information we hold, whether directly or through an authorised third party. Please note that a prescribed fee may apply to such requests, which shall be reasonable and not excessive.

7.2. Right to Withdraw Consent 

7.2.1. Where the Processing of your Personal Information is based on your Consent, you have the right to withdraw such Consent at any time. Please note, however, that withdrawal of Consent shall not affect the lawfulness of any Processing conducted prior to such withdrawal, nor shall it impact Processing necessary for the performance or conclusion of our Services.

7.2.2. You also have the right to restrict or object to the Processing or transfer of your Personal Information where such Processing is based on TDME’s legitimate interests or on grounds of public interest. Notwithstanding your objection, TDME may continue Processing where such activity is permitted or required under applicable data protection legislation.

7.3. Right to Challenge the Accuracy of Personal Information

You have the right to request TDME to correct or rectify any Personal Information under our control that you believe to be inaccurate, outdated, incomplete, or misleading.

7.4. Right to Reasonable Data Protection Measures

You have the right to require TDME to implement appropriate and reasonable technical and organisational security measures to safeguard your Personal Information against unauthorised access, disclosure, alteration, or destruction, in accordance with applicable data protection laws.

7.5. Right to Object to Direct Marketing

7.5.1. You have the right to object to the Processing of your Personal Information for purposes of direct marketing.

7.5.2. Where you have given your Consent to receive marketing communications, we may send you information regarding our products, Services, updates, or promotions. You may withdraw your Consent to receive such communications at any time by clicking the ‘Unsubscribe’ option contained in each marketing message. 

Please note, however, that opting out of marketing communications will not prevent you from receiving important operational or security-related notices regarding your TDME Account or any product or Service you use.

7.6. Right to Be Forgotten and Request Data Erasure

7.6.1. You have the right to request that TDME delete any Personal Information held about you that is inaccurate, irrelevant, excessive, outdated, incomplete, misleading, or unlawfully obtained.

7.6.2. You may also request that TDME destroy or erase any record of your Personal Information that TDME is no longer legally authorised to retain. Please note that in some instances, TDME may be obligated under applicable data protection laws or regulatory requirements to retain specific records for a prescribed period.

7.7. Right to Lodge a Complaint

Depending on your jurisdiction, you may have the right to lodge a complaint with the appropriate data protection authority in your territory should TDME breach any terms of this Privacy Policy.

7.8. Right to Non-Discrimination

You have the right not to be subjected to any form of discrimination by TDME for exercising any of your data protection rights set out above.

 

8. RETENTION OF RECORDS

8.1. TDME may retain Records of the Personal Information it has collected, including correspondence or user-submitted content, in either electronic or physical format. We retain your information as long as necessary to deliver our Services, safeguard our or others’ interests, or comply with legal and regulatory obligations. While retention obligations may differ by jurisdiction, TDME follows internal policies that consider factors such as the date of collection or creation, ongoing relevance for service provision, compliance with AML/KYC or other financial regulatory requirements, and applicable information preservation mandates. Our authorised third-party service providers may also retain your Personal Information under their own policies or in accordance with contractual obligations requiring TDME to do so. Based on these considerations, we delete information that is no longer needed for the purposes stated above – either upon closure of your TDME Account or upon your formal request for deletion under this Privacy Policy – and will notify applicable third-party service providers of such deletion where necessary.

8.2. In accordance with applicable data protection laws, TDME may not retain Personal Information for any period longer than is necessary to fulfil the purpose for which it was collected or processed. Once that purpose has been achieved, TDME is required to delete, destroy (in a manner that renders it irretrievable), or anonymise the information as soon as is reasonably practicable. This obligation shall not apply where:

8.2.1. The retention of the Record is required or authorised under applicable law;

8.2.2. TDME requires the Record to carry out its lawful functions or operational activities.

8.2.3. The Record must be retained in terms of a valid contract between the Parties;

8.2.4. You have expressly Consented to the extended retention of the Record; or

8.2.5. The Record is retained solely for historical, research, or statistical purposes, subject to appropriate safeguards to ensure it is not used for any unrelated purpose.

8.3. Your Biometric Information may be retained by TDME’s authorised third-party service providers for a period following the termination of your relationship with TDME, as determined by the requirements of the relevant provider or applicable regulation.

8.4. TDME may also retain records related to Travel Rule compliance (including originator and beneficiary information) for such duration as may be required under applicable laws and regulatory frameworks. Retention periods will be based on legal obligations, regulatory guidance, and operational necessity.

 

9. APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“ECT ACT”)

9.1. Data Messages (as defined under the ECT Act) shall be deemed to have been received by TDME only upon TDME issuing a response to such Data Messages.

9.2. Data Messages transmitted by TDME to a User shall be deemed to have been received by the User in accordance with the provisions of section 23(b) of the ECT Act.

9.3. You acknowledge and accept that electronic signatures, encryption and/or authentication are not required for the validity of electronic communications exchanged between you and TDME.

9.4. You warrant that all Data Messages sent to TDME from any electronic device owned or used by you, from time to time, are deemed to have been sent and authorised by you personally.

9.5. Address for service of legal documents: 12th Floor, Green Park Corner
3 Lower Road, Sandton, Johannesburg, South Africa, 2196

TD Markets Exchange – https://exchange.tdmarkets.io/exchange

Email: support@tdmarkets.io

The Website is owned and operated by TD Markets (Pty) Ltd t/a TDME (Licence No. 49128)

 

10. SECURITY AND DATA BREACHES

Your privacy is of paramount importance to us, and TDME remains committed to safeguarding your Personal Information against unauthorised access, disclosure, or misuse. We implement reasonable organisational, physical, technical, and administrative safeguards in compliance with applicable data protection legislation to ensure the protection of Personal Information processed within TDME. In the event of a Data Breach, TDME will respond and take appropriate remedial steps in accordance with applicable data protection laws.

 

11. REVISIONS TO THIS PRIVACY POLICY

11.1. TDME may revise this Privacy Policy from time to time. You are encouraged to visit the Website regularly to review the most recent version and to note the date of the latest update. Where material changes occur, TDME will take reasonable steps to notify you – either via the application, Website, or by email using the address linked to your TDME Account. Continued access and/or use of the Website after such changes have taken effect constitutes your acknowledgment, understanding, and acceptance of the revised Privacy Policy, whether in your individual capacity or on behalf of any entity you represent in utilising the Website (where authorised).

11.2. TDME may also provide supplementary “just-in-time” notices or disclosures within specific Services, explaining how particular data is collected or used in context. These notices are intended to complement this Privacy Policy by providing enhanced clarity or options relating to your data.

11.3. Should this Privacy Policy be translated into any language other than English, you acknowledge that the English version shall prevail in the event of any inconsistency or conflict, and that the translation is provided purely for convenience.

 

12. ENTIRE PRIVACY POLICY

This Privacy Policy constitutes the entire and exclusive agreement between you and TDME relating to the subject matter herein and supersedes all prior understandings, agreements, communications, and representations, whether written or oral, regarding the Processing of your Personal Information by TDME. No other agreements, representations, or warranties, whether oral or written, shall be binding with respect to the subject matter of this Privacy Policy unless expressly incorporated herein.