26. Confidentiality

26.1 We shall be under no duty to disclose to you or in making any decision or taking any action in connection with the provision of the Services to take into account any information or other matters which come to our notice or the notice of any of our employees, directors, agents or Associates:

26.1.1 where this would or we reasonably believe that it would be a breach of any duty of fidelity or confidence to any other person; or

26.1.2 which comes to the notice of an employee, officer or agent of ours, but does not come to the actual notice of the account executive or other individual providing you with the Service in question.

26.2 The parties to this Agreement will at all times keep confidential any information of a confidential nature acquired in connection with this Agreement or the Services, except for information which they are bound to disclose under compulsion of law or by request of regulatory agencies or to their professional advisers or in our case in the proper performance of the Services. For the avoidance of any doubt, we are entitled to share your confidential information with the Relationship Manager.

26.3 We will act as data controller (and in certain circumstances, data processor) within the meaning of the Data Protection Act 1998 (the ‘Data Protection Act’). You hereby consent to the processing and use by us and our agents and Associates of personal data (as defined in the Data Protection Act) given by you under this Agreement for the provision of the Services, which may include the transfer of such data out of the European Economic Area (as defined in the Data Protection Act). Such data may also be used by us and our agents and Associates to update customer records and to advise you of other products and services.

26.4 You confirm that we may use the personal data given by you to us for the purposes of sending any and all promotional materials and advertising via facsimile, automated telecommunications systems, e-mail and/or SMS messages, and that you hereby consent to the receipt of such promotional materials and advertisements so delivered. For avoidance of doubt, it is hereby clarified that you may opt to refuse to allow us to send such materials by notifying us in writing or via e-mail at any time. It is further clarified that the provisions of and your consent pursuant to this Article 26.4 shall survive the termination of this agreement indefinitely or until such time as you send us notice of your refusal to allow us to send you such promotional materials and advertisements. For the avoidance of any doubt, we are entitled to share your personal data and Transaction Data (as defined below) with the Relationship Manager.

26.5 You agree that we will own any proprietary rights in or relating to the data generated by or connected to the transactions made and/or the Services provided to or used by you pursuant to this Agreement (“Transaction Data”). You agree and understand that it is part of the nature of the Services that the Transaction Data is accessible by third party suppliers with whom we have contracted, such as the providers of the trading platform, aggregator, CRM, risk management and other systems. Any Transaction Data accessed by or provided to suppliers shall be anonymised and shall not be capable of attribution to you or otherwise identify you as a party to any transactions. You agree that we may, at our option and sole discretion, grant rights to the Relationship Manager in respect of the non-anonymised Transaction Data.

26.6 You agree that we shall not be liable for any loss or damage howsoever caused connected to any use, sale, licensing, transfer or our making available the Transaction Data to any third party or to the Relationship Manager.