Regulation

Malta Regulation

The Malta Financial Services Authority (MFSA) is the single regulator for financial services in Malta. It was established by law on 23 July 2002 taking over supervisory functions previously carried out by the Central Bank of Malta, the Malta Stock Exchange and the Malta Financial Services Centre. The Authority is a fully autonomous public institution and reports to Parliament on an annual basis.

Malta is a jurisdiction that complies with and helps develop international best practice and is actively involved with the OECD, the EU and the Commonwealth in modelling global regulatory policy. The MFSA is a member of the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA). The Authority is also a member of the International Organisation of Securities Commissions (IOSCO) and the International Association of Insurance Supervisors (IAIS) and a signatory of the Multilateral Memorandum of Understanding with other members of these Institutions.

NewTraderLab is a trading name of Hogg Capital Investments Ltd, a fully licensed Class II Investment Services Company (registration number IS18954) authorized and regulated by the Malta Financial Service Authority (MFSA)

To view the license, please visit this link.

EU Regulation

NewTraderLab is the trading name of Hogg Capital Investments Ltd, a company regulated by the Malta Financial Services Authority (MFSA) under the Investment Services Act and ancillary subsidiary regulations, which inter alia transpose the Markets in Financial Instruments Directive (MiFID). It is also subject to the European Securities and Markets Authority (ESMA) Product Intervention Rules relating to Contracts For Difference (CFDs) and is further subject to the Investment Firms Directive and Regulation, from a prudential requirement. As such, our clients enjoy the assurance of trading and investing within a secure and well-regulated environment

Protection of funds

All client funds are held by NewTraderLab pursuant to the laws of Malta, MiFID regulations and the rules and regulations of the Malta Financial Services Authority. Your “free cash balance” ~ funds not currently committed as collateral to margin open positions ~ is maintained in a segregated client’s designated accounts held with our qualified and approved banking institutions. Your funds are held in omnibus segregated accounts collectively with other NewTraderLab clients and these accounts are separate from and never commingled with NewTraderLab’s own corporate funds. As such, in the event the Company should become insolvent your funds would not be available to its creditors. Funds in segregated accounts are often referred to as being “ring fenced” for protection. NewTraderLab holds clients’ settlement accounts with leading qualified banking institutions, based upon their respective professional criteria, including their international credit ratings, their financial robustness and the jurisdictions in which they are licensed to operate.

Legal

Strategies Disclaimer

PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS. PRICES CAN GO DOWN AS WELL AS UP. THERE IS A SIGNIFICANT RISK INVOLVED IN FX TRADING. CONDITIONS CAN VARY FROM CLIENT TO CLIENT AND THEREFORE INFLUENCE PERFORMANCE.

Nothing contained in this publication should be construed as a solicitation or offer, or recommendation, to acquire or dispose of any investment or to engage in any other transaction. This publication serves for information purposes only and does not constitute any offer or invitation to buy or sell.

HOGG CAPITAL INVESTMENTS LTD offers a number of products and services designed specifically for various categories of investors in various countries and regions. Not all products will be available to all investors. The products or services offered by HOGG CAPITAL INVESTMENTS LTD are only offered to clients in those countries and regions in accordance with applicable laws and regulations. The information provided herein is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. This document is not directed to any person in any jurisdiction where the publication or availability of our services is prohibited, by reason of that person’s nationality, residence or otherwise. Persons under these restrictions must not receive this publication.

Some services may not be available to certain investors due to regulatory or other constraints. Investors are advised that most services are only available following completion of the Customer Agreement and/or any other relevant documentation as required by HOGG CAPITAL INVESTMENTS LTD from time to time. Investments in securities or financial instruments (including futures, options, contracts for differences, spot and forward foreign exchange contracts) can fluctuate in value. Accordingly, you should be aware that you might not realise the initial amount invested and indeed may incur additional liabilities as investments in securities or financial instruments may entail above average risk. You must therefore carefully consider whether your financial circumstances permit you to invest.

You acknowledge that trading derivative financial instruments, including foreign exchange, futures, options, contracts for differences and commodities carry a substantial potential risk of loss and you understand the risks involved and that you are willing to undertake this risk. You further confirm your understanding that the value of these financial instruments is influenced by the price changes of their underlying reference instruments, that these prices may fluctuate both rapidly and widely, that such factors can be neither predicted nor controlled by any party, and that leverage or “gearing” will disproportionately impact the results of any such transactions. Losses can therefore quickly compound.

The capital value of this managed account may fluctuate and is not guaranteed, and investors may get back less than their original investment. Past performance is not indicative of future results. HOGG CAPITAL INVESTMENTS LTD strongly suggests that you seek the advice of an independent financial advisor in this regard. The appropriateness of this publication will be reviewed periodically.

NewTraderLab is a trading name of Hogg Capital Investments Ltd, a fully licensed Class II Investment Firm (registration number C 18954) authorized and regulated in Malta by the Malta Financial Services Authority (MFSA) under the Investment Services Act and located at Nu Bis Centre, Mosta Road, Lija LJA9012, Malta. The Company is also authorized to passport its services in the following EU Member States: https://www.mfsa.mt/financial-services-register/

Risk Disclaimer

You acknowledge that trading derivative financial instruments, including foreign exchange, futures, options, contracts for differences and commodities carry a substantial potential risk of loss and you understand the risks involved and that you are willing to undertake this risk. You further confirm your understanding that the value of these financial instruments is influenced by the price changes of their underlying reference instruments, that these prices may fluctuate both rapidly and widely, that such factors can be neither predicted nor controlled by any party, and that leverage or “gearing” will disproportionately impact the results of any such transactions. Losses can therefore quickly compound. You will be responsible to ensure your account has sufficient margin to sustain your trading activity. If you are classified by us as a Retail Client, you will henceforth be subject to an ESMA-mandated close out rule on loss making positions when your minimum required margin level decreases to 50%. As a Retail Client you will however be protected by NewTraderLab from incurring a negative balance in your trading account.

Contracts For Difference (CFDs) are complex instruments and come with a high risk of losing money rapidly due to leverage. You should consider whether you understand how Contracts For Difference (CFDs) work and whether you can afford to take the high risk of losing your money. 84.83% of our retail investor accounts trading Contracts for Differences have lost money within the past twelve months.

Retail Investors in Spain: Due to the complexity and risk associated with trading Contracts For Difference (CFDs), Comisión Nacional del Mercado de Valores (CNMV) believes that they are not appropriate for retail investors (https://www.cnmv.es).
NewTraderLab has no geographical restrictions but its services are not targeted to Clients from US (unless eligible contract participants as defined under the Commodity Exchange Act Eligible contract participant), Turkey, Japan due to their complex regulatory requirements.

Advisory Disclaimer

NewTraderLab offers references to third party information providers as a service to the trading public. Unless specifically expressed, NewTraderLab does not endorse the methodologies, ideas, opinions or recommendations of these third parties. We encourage all traders to carefully review and analyze the third-party offerings and claims. Do not accept as fact unexamined assertions or claims. Claims of success or profitability should always be supported by live trading results, not demo account results or compilations of “signals.” Past performance is no guarantee of future success and you should be critical and demanding when reading all promotional offerings made by advisors, traders, bloggers, money managers and third party system vendors. All materials offered to the trading public on our website are offered as general market commentary, are not an offer to trade in any market and do not constitute investment or trading advice. NewTraderLab expressly disclaims any liability, without limitation, for any losses that arise directly or indirectly from the use of or reliance upon information provided to the trading public on our website.

Terms of use

TERMS AND CONDITIONS

BY ACCESSING THE NewTraderLab WEBSITE, www.newtraderlab.com, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ADVICE OF AMENDMENTS TO THESE TERMS AND CONDITIONS WILL BE POSTED ON THE NewTraderLab WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE.

Unauthorized use of NewTraderLab’s website and/or its systems, including but not limited to unauthorized systems access, fraudulent or manipulative use of passwords or unauthorized use of information posted to or contained in NewTraderLab’s website or any affiliated or collateral NewTraderLab site is prohibited. You acknowledge that NewTraderLab is authorized to disclose and/or make us of any information that you provide via the NewTraderLab Websites to (a) any company entities affiliated with NewTraderLab, its agents or information providers; (b) to any other person or entity with your consent or (c) to any person or entity to whom a disclosure duty exists or if otherwise permitted or compelled to so disclose such information by law. By accessing the NewTraderLab websites you are consenting to the transmission, transfer or processing of such information to, or through, any country in the world. All use of NewTraderLab website(s) may be monitored and documented and accessing the website(s) expressly consents to the monitoring and documenting.

Copyright Notices

All works of authorship on the NewTraderLab sites, including but not limited to all design, text, sound recordings, images, and videos (“Properties”) are owned, unless otherwise noted, by Hogg Capital Investments Limited. Unless expressly authorized, Properties may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without NewTraderLab’s prior written consent with exception for permitted use under applicable statutes. All use of the Property must carry notice of Hogg Capital Investments Limited’s proprietary rights.

Trademark Notices

NewTraderLab’s logos are trademarked and any use of such trademarks must feature a proprietary notice of Hogg Capital Investments Limited’s ownership.

Web Content and Materials

The information on this Website is for information purposes only. It is believed to be reliable, but NewTraderLab does not warrant its completeness, timeliness, correctness or accuracy. The information on the Website is not intended as an offer or solicitation of any financial instrument in any market. The information and materials contained in this Website and applicable terms and conditions of the access to and use of the information are subject to amendment without notice. Services made available or described may be discontinued or changed without notice and their associated costs, charges, interest rates, volume or equity requirements may vary according to time, place and user qualifications and may not be available in all locations or offered to all interested parties. You agree that with relation to NewTraderLab websites you will not undertake actions that are contrary to applicable law, regulation or to the terms of contracts you entered into with NewTraderLab. Time sensitive information is published as of its date only and NewTraderLab undertakes no obligation to update or amend the information. NewTraderLab makes no distribution or solicitation to use its websites or contents of the sites in jurisdictions where such information, products, services is prohibited.

Potential Disruption of Service

NewTraderLab’s websites may be unavailable, delayed, limited, slowed or otherwise unavailable at certain times. If access to NewTraderLab’s website is unavailable, delayed or limited, instructions for transactions and other matters may not be executed or may be executed in an inefficient manner and you may be unable to access data on a timely basis. NewTraderLab accepts no liability and you agree not to hold NewTraderLab or Hogg Capital Investments Limited for any loss, without limitation, that you may suffer as a result of the delay or inability to access the website or its contents or associated services provided via the website.

Links to Other Sites

Website links to third party websites are provided solely for reference and neither NewTraderLab nor Hogg Capital Investments Limited controls these websites or offers any endorsement of such sites or their contents or otherwise take responsibility for ideas, opinions, ideas, products or other content on such sites. If you choose to link to a third party website no warranties, either express or implied, concerning the content of a site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose is made by NewTraderLab. Moreover, without limitation, NewTraderLab does not warrant that any third party site or content is free from copyright, trademark or other intellectual property infringement, or viruses or other contamination.

Legal Entity Disclosure

NewTraderLab and NTL are trade names for Hogg Capital Investments Limited.

Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with NewTraderLab. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of Malta.

LIMITATION OF LIABILITY

THE WEBSITE (AND ITS CONTENTS) IS PROVIDED “AS IS” AND “AS AVAILABLE.” THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE. NewTraderLab DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL OR POTENTIALLY DAMAGING CODE. NewTraderLab DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, WITHOUT LIMITATION NEITHER NewTraderLab NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND USER FILES, BROWSER OR OTHER ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND TIER1 OR ITS AFFILIATES’ CONTROL. WITHOUT LIMITATION, NO LICENSE OF ANY TYPE OR DESCRIPTION IS IMPLIED IN THESE DISCLAIMERS. WITHOUT LIMITATION, NEITHER NewTraderLab NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR THE INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER NewTraderLab HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Data protection & Privacy Policy

YOUR PRIVACY

Hogg Capital Investments Limited/NewTraderLab and its affiliates (“Hogg Capital Investments Limited/NewTraderLab” or “we”) are committed to protecting the privacy of the personally identifiable information that we collect from you as you use this Website (the “Site”). The scope of Hogg Capital Investments Limited/NewTraderLab’s commitment is detailed in this Privacy Policy. By submitting information, you agree to Hogg Capital Investments Limited/NewTraderLab’s use of such information as described herein. Please see our Terms of Use for more information about our online policies in general.

Hogg Capital Investments Limited/NewTraderLab collects personally identifiable information on certain areas of the Website when users register, request publications or other information. The personally identifiable information collected may consist of a unique access ID, company or, titles, and contact information, such as names, mailing addresses, e-mail addresses, and telephone and fax numbers. Hogg Capital Investments Limited/NewTraderLab uses your personally identifiable information to fulfill your requests for publications or other information, to process your requests to participate in conferences and events, and to evaluate any job applications or other employment-related inquiries that you may submit. Hogg Capital Investments Limited/NewTraderLab also uses personally identifiable information to perform statistical analyses of user behavior in order to measure interest in specific areas and articles posted on our Site. The e-mail addresses provided at registration allow us to send e-mail to individuals based on the areas of interest that they indicate during the registration process. If you do not wish to receive e-mailed advance notice of articles, simply notify us at [email protected].

Hogg Capital Investments Limited/NewTraderLab shall not intentionally disclose (and shall take commercially reasonable steps to prevent the accidental disclosure of) your personally identifiable information to third parties (i.e., persons or entities that are not affiliates of Hogg Capital Investments Limited/NewTraderLab), whether for such third parties or marketing purposes or otherwise, subject only to the following five exceptions:

1) Hogg Capital Investments Limited/NewTraderLab may disclose your personally identifiable information to third parties as required or permitted by the laws, rules, and regulations of applicable jurisdictions;

2) Hogg Capital Investments Limited/NewTraderLab may disclose your personally identifiable information to third parties who deliver information from us to you for the purpose of performing such delivery;

3) Hogg Capital Investments Limited/NewTraderLab may disclose your personally identifiable information if, in connection with submitting the information, you consent to such disclosure;

4) Hogg Capital Investments Limited/NewTraderLab may disclose contact information for you in response to inquiries by bona-fide rights owners in connection with allegations of infringement of copyright or other proprietary rights arising from information you have posted on the Site or otherwise provided to us;

5) If Hogg Capital Investments Limited/NewTraderLab and/or any of its affiliates merges with or sells substantially all of its assets or a majority of its equity to a third party, information collected may be disclosed to and owned by the merged entity or third party.

Hogg Capital Investments Limited/NewTraderLab may set and access proprietary and other cookies on your computer, enabling us to learn which promotions bring users to our Web site. Hogg Capital Investments Limited/NewTraderLab may use cookies in connection with our products and services to track your activities on our Web sites. Such information that we collect and share is anonymous and not personally identifiable. We may provide links to third-party Websites as a service to our users. In addition, some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Websites or incorporation through framesets of content supplied by third-party servers. Please be aware that we cannot control and are not responsible for the information collection practices of such third-party Websites, which may differ from those of this Site. We encourage you to review and understand the privacy policies on these Websites before providing any information to them.

You may access, correct, update, and/or delete any personally identifiable information that you submitted to us. Notify us at [email protected]

Hogg Capital Investments Limited/NewTraderLab has implemented generally accepted standards of technology and operational security in order to protect personally identifiable information from loss, misuse, alteration, or destruction. Only authorized Hogg Capital Investments Limited/NewTraderLab personnel are provided access to personally identifiable information, and these employees are required to treat this information as confidential. Despite these precautions, Hogg Capital Investments Limited/NewTraderLab cannot guarantee that unauthorized persons will not obtain access to your personally identifiable information.

Hogg Capital Investments Limited/NewTraderLab understands the importance of protecting children’s privacy, especially in an on-line environment. The Site is not intentionally designed for or directed at children 18 years of age or younger, and Hogg Capital Investments Limited/NewTraderLab will not intentionally collect or maintain information about anyone under the age of 18.

By using the Site, you consent to the collection, use, and storage of your information by us in the manner described in this Privacy Policy and elsewhere on the Site. We reserve the right to make changes to this Privacy Policy from time to time. We will alert you to any such changes by updating this Privacy Policy.

If you have any questions about our Privacy Policy, please e-mail us at [email protected].

Data Protection & Privacy Policy - Mobile Applications

This Privacy Policy (“Privacy Policy”) provides information on the processing and protection by Hogg Capital Investments Ltd of personal data of natural persons and applies to NewTraderLab app, and other forex-related services (together, “Services”) unless specified otherwise. By continuing to access and use services you expressly confirm your acceptance of our Privacy Policy.

When we say “NewTraderLab” “our,” “we,” or “us,” we’re referring Hogg Capital Investments Ltd and all its subsidiaries and affiliates, that are controller of your personal data.

 

Information we collect

NewTraderLab receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.

Information you may provide or have provided

Natural persons identification data – including, but not limited to name, surname, tax identification number, date of birth, details of identification document (e.g. passport number or copies);

Contact information – address, telephone number, e-mail address and other if relevant;

Financial information – account number, account balance, income, wealth, transactions and other similar information;

Background and source of funds – information regarding the education, the place of work, occupation, business activities if any, employer if any;

Information relating to the use of services and their relation to your preferences, habits etc. – such as information on services used, personal settings, surveys, contests and campaigns to which you have participated;

Marital status and relevant third parties – individuals and legal entities connected to your account (e.g. POA holders, authorized users, etc.), originators or beneficiaries of your transactions, etc.;

Customer support. You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.

Automatically collected information

Usage and log information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.

Device and connection information. We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We collect device location information if you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.

Status information. We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message.

Android Advertising ID. NewTraderLab uses advertising identifiers in a manner that is not connected to personally-identifiable information or associated with any persistent device identifier without explicit consent of the user.

Third-party information

Information others provide about you. We receive information other people provide us, which may include information about you.

Third-party providers. We work with third-party providers to help us operate, provide, improve, understand, customise, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

How we use information

We use all the information we have to help us operate, provide, improve, understand, customise, support, and market our Services.

Our services. We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services and to ensure our legitimate interests. We understand how people use our Services and analyse and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us.

Safety and security. We verify accounts and activity and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.

No third-party banner ads. We do not allow third-party banner ads on NewTraderLab apps. We have no intention to introduce them, but if we ever do, we will update this policy.

Information transfer and sharing

You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customise, support, and market our Services. When it is necessary, Personal data may be transferred to third countries, as specified in this Privacy Policy.

Third-party providers. We work with third-party providers to help us operate, provide, improve, understand, customise, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.

Third-party services. When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (such as iCloud or Google Drive), they will receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

NewTraderLab app created and maintained by the third party (hereinafter – Platform`s Entity). You are aware and agree that information can be disclosed to and processed by Platform`s Entity partially or in full amount.  Such information transfer may have cross-border character.

Assignment, change of control, and transfer

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

Law and protection. We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our clients or others.

Our global operations. You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to Switzerland and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Contact Details

Should you have any questions or inquiries regarding the processing of his Personal data by the NewTraderLab, he shall send an e-mail to: [email protected]

or send a letter to the postal address indicated on the NewTraderLab Website: https://www.NewTraderLab.com/

New Privacy Policy

PRIVACY NOTICE FOR CLIENTS OF HOGG CAPITAL INVESTMENTS LIMITED & FOR ITS NewTraderLab ONLINE BROKERAGE DIVISION

Dated: 25th May 2018

This privacy notice explains how Hogg Capital Investments Limited and NewTraderLab, (hereafter collectively referred to as “the Company”, “us”, “we”, “our”) uses any personal information we collect about you.

The Company complies with the General Data Protection Regulation (“GDPR”) (EU) 2016/679 of the European Parliament and of the Council on 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Enforceable from 25 May 2018 GDPR represents the basis upon which this Privacy Notice is prepared. Because GDPR is a regulation, not a directive, it does not require national governments to pass any enabling legislation and is directly binding and applicable. There is therefore one set of rules for all companies processing data in the European Union.

Purpose

The Company will collect and use personal data in order to comply with its legal duties to you as an investing client, for example to keep records of transactions and to provide one or more services as may be detailed within the Company’s Terms of Business. As such, we are classified as a “data controller” of the personal information we process. This means that we decide why and how personal information is used. The Company does not process data for other companies.

The data we hold is collected via our account application process and throughout our relationship with you. This includes your name, your address and other contact details including phone and mobile numbers, email addresses, your date of birth, your gender, your title, your passport or other visual, including government, identification details. In terms of our regulatory obligations as a licenced investment intermediary, investment advisor and portfolio manager, the information we will hold may additionally include details of your education, your investment experience, your financial situation including information regarding your net worth, your financial details including bank accounts, audio and/or video recordings (calls may be recorded for regulatory purposes), contractual information relating to your account(s) with us detailing your investment choices and/or objectives, and importantly your tolerance to risk, along with (as applicable) third party information where there may be an executor or a power of attorney connected to your account(s).

The data we collect from and about you is primarily for the purposes of the Company to provide a suitable and appropriate service to you and to comply with its regulatory obligations.

It nevertheless represents sensitive data about you which has been collected with your explicit consent, and the use of this information for any other purposes, for example for marketing purposes, is voluntary.

We will not lend or sell your information to third parties.

Will we share your data?

The Company’s employees will access your records in the ordinary course of our professional undertakings to you. However, access is granted only to those employees permissioned to review this information. We regularly check who has access to our systems.

The Company will share your personal data with certain third parties solely on a need to know basis. This would include service providers tasked with executing your investment transactions and where necessary with settling and administering these transactions. They would also include the Company’s appointed auditors, accountants, lawyers and other professional advisors (including your own financial advisors and asset managers), to the extent that they will require access to your information to provide advice; fraud prevention agencies and other organisations to enable the Company to undertake relevant checks; providers of investments or services which we may recommend, ranging from direct securities, collective investment schemes, including Exchange Traded Funds, and selected financial instruments including Contracts for Differences, alongside investment platforms, discretionary management services, custodians and other such products or services.

We may also be required to share your information with the Malta Financial Services Authority, the Financial Intelligence Analysis Unit, the Arbiter for Financial Services, the Malta Investor Compensation Scheme, the Information and Data Protection Commissioner or any other regulatory or competent authority entitled to require disclosure. This could include the order of a Court, or the order of authorities tasked with the investigation and prevention of fraud or other activities believed to be illegal or otherwise in breach of applicable law. It would similarly apply to tax regulations where we may be obliged to share information about your account with the relevant tax authority, who may in turn forward this to tax authorities in other jurisdictions.

The Company may need to share your personal information with service providers operating in countries outside the European Economic Area. Where we will be required to do so, we shall ensure that this process will be in accordance with current data protection legislation.

Security

We will undertake at all times and to the very best of our professional abilities to protect your personal information. As you are aware however internet communication, including email, is not secure. We cannot accept any responsibility for unauthorised access by a third party or for the loss, theft or modification of data while it is being transmitted to us by email.

How long will we hold your data?

We will retain your personal information for as long as the Company considers it necessary to do so and specifically for the purpose(s) for which it was collected, and to comply with our legal and regulatory requirements. This will involve keeping your information for a reasonable period of time after your investment or your relationship with us has ended.

As a former client of the Company, we will keep most of your information for 5 years following the closure of your account, or longer as law or regulation may require. As an existing client, we are also required to retain recordings of telephone conversations with you for five years after they took place, or longer as directed by a competent authority.

If you are not a client of ours, having previously registered your interest to receive information from us, we will retain your information for one year after we last heard from you, unless you ask us to remove you from our database beforehand.

Marketing

Subject to your agreement, the Company may send you information about our products and services and those of other companies in our group which it considers may be of interest to you, including invitations to events. The Company may do this via email or by post.

You have the right at any time to stop receiving marketing material from us. You can email us at [email protected] or update your “Email Notification” settings in the Profile section of your Client Portal at www.portal.NewTraderLab.com.

Your rights

Details of these rights can also be found on the Information and Data Protection Commissioner (“IDPC”) website: https://idpc.org.mt.

* You have the right to access your personal data and require that we rectify any errors in the data that we hold.

* You have the right to request that we erase your personal data.

* In certain circumstances you may also require us to restrict the way we process your personal data.

* You may moreover object to its processing.

* You may request a copy of your personal data for the purposes of transmitting it elsewhere.

* Where we have requested and obtained your consent to process particular information about you, you may withdraw that consent at any time.

* Where we are relying on your consent to process your sensitive data you can withdraw it at any time.

Please note however that the application of these rights will vary according to the legal basis used to process your data. As detailed above, financial services and related regulations will require the Company to retain at least most of your personal data relating to the operation and where relevant the management of your investment account(s), and where applicable for a number of years following the closure of your account(s). Under such circumstances, we will not be able to erase or modify the data.

Our commitment

We will undertake to keep your personal information accurate. This will require us to contact you at regular intervals in order to update the data we hold in relation to the account(s) we hold for you. If at any time the information you have provided the Company becomes out of date, we ask you to notify us directly and we shall remove or amend the information, and in accordance with regulatory and legislative requirements.

Complaints

If you have any concerns or complaints about the Company’s use of your personal information, please contact the Data Protection Officer at the address detailed below. if you are not satisfied with our response or believe that the manner in which we have processed your personal information does not comply with data protection law, you can also contact IDPC in its capacity as the Company’s supervisory body (“Contact Us” section on https://idpc.org.mt).

Changes to our Privacy Notice

The Company undertakes to keep this privacy notice under regular review. We reserve the right to update this privacy notice at any time and we will advise you when we make any substantial update to it.

Cookies

Upon accessing our website you will be notified that we use cookies. The GDPR and the EU ePrivacy Directive requires your prior, informed consent to allow cookies to track your personal data focusing on your website behavior on our websites in order to give you better online experience. If required the website will detail a complete overview of all active cookies and online tracking in use on the website and will include a monthly scan of all of the pages of the website, that detects and identifies all of the cookies and known tracking technologies in use on the site.

A cookie is a text file that a website can send to your browser, which may then be stored on your hard drive for a more efficient access and online experience. A cookie will enable the Company to gather information on how visitors are using the website. It does this specifically to make improvements to the website.

The data collected will be used solely for statistical analysis relating to your browsing behavior on our website, including the number of visitors, the pages viewed, time spent on particular pages and so on. We will not know who you are (unless you visit our secure client pages). We will not store any personal or confidential information about you and the Company will not attempt to identify individual visitors via their IP address unless required to do so by law or regulation.

Other websites

Our website contains links to other websites. This privacy notice, including the use of cookies, only applies to our websites: www.hoggcapital.com; www.NewTraderLab.com. When you use a link to another website you should read the privacy policy of that site.

The Company does not have a Data Privacy Officer, as this is not a legal requirement given the nature and extent of its business interests. Our Compliance Officer will instead be responsible for the day to day compliance with GDPR and its requirements.

How to contact us

By email on [email protected]

By post to:

Hogg Capital Investments Limited,

Nu Bis Centre

Mosta Road

Lija LJA9012

Malta

Risk Disclosure

Trading foreign exchange on margin carries a high level of risk and may not be suitable for all investors. Before deciding to trade these or any other financial instruments offered by NewTraderLab, you should carefully consider your objectives, financial situation, needs and level of experience. NewTraderLab may provide general commentary without regard to your objectives, financial situation or needs. The content of this website is not intended to represent personal advice and should not be construed as such. It serves for information purposes only and moreover does not constitute any offer or invitation to buy or sell any financial instrument. The possibility exists that you could sustain a loss more than your deposited funds. You should therefore always be aware of all the risks associated with foreign exchange trading and derivative products in general. If you are in any doubt, NewTraderLab recommends you seek independent professional advice.

Please refer to Annex I of the NewTraderLab Customer Agreement for the full text of our Risk Disclosure.

Cookies Policy

Find out what cookies are, why we use them and learn how to update your cookie preferences.

What are cookies?

A cookie is a small file, typically of letters and numbers, downloaded on to a device when the user accesses certain websites. Cookies allow a website to recognise a user’s device. For more information see https://www.aboutcookies.org/.

We use Javascript, which is a commonly used technology on the internet, to detect and manage these settings. If your browser does not support Javascript you may manage your cookie preferences through your web browser security settings.

How we classify our cookies

Cookies and the technology that uses them vary significantly between websites so it is important that you understand how we classify cookies that we use on our website (the “Website”).

New Trader Lab Cookies:

New Trader Lab cookies are “first party cookies”, that is to say, that these are cookies set by our Website. These cookies are required for you to access and use the Website and for us to monitor the use of them. We do not share any of your data collected by the cookies with any third party.

Our cookies do not:

– Gather information that may be used to advertise to you on our Website or any other third party websites;

– Send you targeted advertisements on any other third party websites;

– Provide information to other third-party companies such as social networks about your visit to our Website;

– Supply advertising agencies and networks with information about you so that they can present you with advertisements whilst visiting other third party websites.

Our cookies will:

– Enable you to complete our account opening application process and for us to know how far you have got if you leave and return to your application;

– Remember your login details;

– Make the Website look consistent;

– Allow you to interact with the services that we offer such as initiating the chat or comment functionality on the Website;

– Allow us to make sure our services work more effectively by monitoring visits and performance and errors. We achieve this through internal systems and Google Analytics when you visit our Website.

Cookie name Purpose
.ASPXAUTH This Cookie comes from authentication process and is the users login token both expire when the browsing session ends. The cookie gets expired when the browsing session ends
ASP.NET_SessionId This Cookie comes from authentication process and is the users login token both expire when the browsing session ends. The cookie gets expired when the browsing session ends
CookieLanguageId This Cookie is persistent with an expiration date, just setting the users language.(Culture and Language).
CookieCulture This Cookie is persistent with an expiration date, just setting the users language.(Culture and Language)

Please note that these Cookies are essential for you to use fully utilise our Website and application process to enable us to offer you with our services. If you do not accept these cookies to be used or set your browser settings such that it does not accept these Cookies, then you may not be able to access or use some of the Website functionalities, nor will we be able to provide you with our services.

 

Other cookies

Other cookies are third party cookies presented by companies with whom we work as part of our marketing initiatives. The third party cookies that we use are listed below and they provide information to the third party about your visit to our Website.

 

Cookie name Purpose
utm The Google cookie allows us to track user activity and improve website experience

 

Cookie name Expiration Time Description
_ga 2 years Used to distinguish users.
_gid 24 hours Used to distinguish users.
_gat 1 minute Used to throttle request rate. If Google Analytics is deployed via Google Tag Manager, this cookie will be named _dc_gtm_<property-id>.
AMP_TOKEN 30 seconds to 1 year Contains a token that can be used to retrieve a Client ID from AMP Client ID service. Other possible values indicate opt-out, inflight request or an error retrieving a Client ID from AMP Client ID service.
_gac_<property-id> 90 days Contains campaign related information for the user. If you have linked your Google Analytics and Google Ads accounts, Google Ads website conversion tags will read this cookie unless you opt-out. Learn more.

Learn more: https://support.google.com/google-ads/answer/7521212

 

Most of these ‘other cookies’ are used to measure the effectiveness and performance of our websites. Whilst they do collect your data, we have endeavored to ensure that the information they collect is anonymised.

Other cookies will:

1. Provide information to our partners about your visit to their Website

We do not guarantee that the lists of ‘New Trader Lab cookies’ and ‘Other cookies’ set out above are up-to-date but we will use our reasonable endeavours to notify you of any changes.

Regulatory Information

The Malta Financial Services Authority (MFSA) is the single regulator for financial services in Malta. It was established by law on 23 July 2002 taking over supervisory functions previously carried out by the Central Bank of Malta, the Malta Stock Exchange and the Malta Financial Services Centre. The Authority is a fully autonomous public institution and reports to Parliament on an annual basis.

Malta is a jurisdiction that complies with and helps develop international best practice and is actively involved with the Organisation for Economic Co-operation and Development (OECD), the EU and the Commonwealth in modelling global regulatory policy. The MFSA is a member of the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA). The Authority is also a member of the International Organisation of Securities Commissions (IOSCO) and the International Association of Insurance Supervisors (IAIS) and a signatory of the Multilateral Memorandum of Understanding with other members of these Institutions.

NewTraderLab is the trading name of Hogg Capital Investments Ltd, a company regulated by the Malta Financial Services Authority (MFSA) under the Investment Services Act and ancillary subsidiary regulations, which inter alia transpose the Markets in Financial Instruments Directive (MiFID). It is also subject to the European Securities and Markets Authority (ESMA) Product Intervention Rules relating to Contracts For Difference (CFDs) and is further subject to the Investment Firms Directive and Regulation, from a prudential requirement. As such, our clients enjoy the assurance of trading and investing within a secure and well-regulated environment.

To view the license, please visit this link.

Disputes procedure

NewTraderLab’s main objective is to establish and maintain clients’ relationship based on professionalism, ethics and integrity. If you are in any way dissatisfied with our services, we recommend that your address your grievance in the first instance to the Compliance Officer. We will make every effort to resolve the matter within the shortest time frame possible.

The Compliance Officer will acknowledge the receipt of your complaint in writing within 1 or 2 business days and will provide you with indications on how the Company intends to deal with your complaint. If your complaint was conveyed by phone or via social media, we will formally acknowledge to you the receipt of and our understanding of your concerns in writing, thereby enabling you to confirm and/or correct our acknowledgment should it be required.

If our actions and/or our undertakings to resolve your complaint do not satisfy you, including if you feel that your complaint has not been addressed properly, you may lodge an official complaint in writing with The Office of the Arbiter for Financial Services at the following address:

The Office of the Arbiter for Financial Services
1st Floor
St Calcedonius Square
Floriana FRN 1530
Malta

We will aim to solve the complaint as soon as possible and not later than 15 days from the date of receipt of the complaint. Where HCI/Blue Invest is of the view that more time is required to solve the matter it will inform you in writing about the causes of the delay and provide an indication as to when the investigation is likely to be completed.

The client should provide as much detail as would reasonably be necessary for us to address the complaint.

Compliance email address: [email protected].
Arbiter website address https://financialarbiter.org.mt.

Client categorization notice

This document sets out the process by which NewTraderLab categorizes its clients, in accordance with the Markets in Financial Instruments Directive (“MiFID”) and the Investment Services Act, as well as the applicable investment services rules.

MiFID recognizes that investors possess differing levels of financial knowledge and investment expertise and that this requires appropriate and corresponding degrees of regulatory protection.

For this reason, MiFID introduces, in terms of regulatory priority and investor protection, three client investor categories: Retail Clients, Professional Clients (including Elective Professional Clients) and Eligible Counterparties.

As a client of regulated financial institution within a European Union member state, this categorization affects you directly and we, therefore, urge you to carefully read the full text of our Client Categorization Policy here.

Trader Client Agreement

Conflict of interest policy

Hogg Capital Investments/NewTraderLab maintains and operates effective organizational and administrative arrangements with a view to taking all reasonable steps designed to prevent conflicts of interest that can adversely affect the interests of our clients.

In this regard, we take all steps to identify conflicts of interest within the firm and any person directly or indirectly linked to us by control or between our client and another that arise in the course of business.

In compliance with the above, we refer you to our Conflicts of Interest Policy below, which outlines the instances when conflicts of interest could arise and how such situations can be managed in the best effective manner in the interest of our clients. Where a conflict of interest cannot be avoided, this shall be duly disclosed to you before the undertaking of any business with you.

If you would like to discuss in further detail any aspects of our Conflicts of Interest Policy, please contact our Compliance Department at [email protected]

View Conflicts of Interest Policy here.

Investor Compensation Scheme

Hogg Capital Investments participates in and contributes to the Investor Compensation Scheme established in terms of the Investor Compensation Scheme Regulations. The Scheme is based on the EU Directive 97/9 on investor-compensation schemes. It serves as a rescue fund of failed investment firms for retail investors as well as smaller businesses, charities and trusts (excluding Professional Clients as per MiFID categorization).

The purpose of the Scheme is to grant the right to claim compensation under the Scheme to any Retail investor “who has entrusted money or instruments to a license holder in connection with licensed business.” The compensation is paid only if the Investment Services Licence holder ceases to conduct its business due to financial difficulty or insolvency.

The total amount of compensation that may be paid out to an investor is calculated at the lesser of ninety percent (90%) of all claims which have been made by such investor, or up to €20,000.

All computations and payments of compensation are made in the same currency as the investor’s investment. An investor may only submit one claim in respect of all his investments, taken in aggregate, with the license holder concerned.

Compensation schemes are intended to guard against the failure and insolvency of individual institutions which may give rise to a negative domino effect potentially affecting otherwise prudent institutions.

For further information on Investor Compensation Scheme, please visit this link.

Deposits and withdrawals

We will deal with your money in accordance with the MFSA Rules. Any of your money which is held by us on your behalf and which is not due for investment will be segregated from our money and held by us in an account of one or more reputable banking institutions both locally and overseas in accordance with the criteria for approval as established by the regulator.

Any transactions undertaken on your behalf shall be subject to the rules of the relevant exchange, clearing system or depositary and any terms of the agent or (eligible) custodian employed by the Company, including but not limited to, any right of reversal of any transaction (including any delivery or redelivery of any investment and any payment) on the part of any such entity or person.

You may fund your account with us by electronic bank transfer and from an account bearing the exact same registration details as that held by us in your name.

NewTraderLab does not charge processing fees on deposits. Please note that charges may be applied by the issuing, intermediary and/or beneficiary bank.

Payments from third parties will not be accepted and will be immediately returned, if received.

Clients can withdraw funds from their account by submitting a request via the Transfers section of their Client Portal or by completing the NewTraderLab Redemption Form, which can be found in section “Support” of our website.

NewTraderLab charges a processing fee on withdrawals (Bank-wire) of USD 20 / EUR 15 / GBP 15. This cost does not include fees that may be charged by your bank or an intermediary bank.

For your protection and in compliance with current laws and practices, we shall request a proof of transfer document upon your first deposit with us and we reserve the right to request the same on subsequent deposits if any. We may also request additional information and/or proof of identity, as the need may arise, before processing a withdrawal request.

AML

NewTraderLab is the online trading and brokerage division of Hogg Capital Investments Ltd, a fully licensed Class II Investment Services Company (registration number 18954) authorized and regulated by the Malta Financial Service Authority (MFSA) and located at Nu Bis Centre, Mosta Road, Lija LJA9012, Malta. The company’s investment services license falls under the definition of relevant financial business in terms of the Prevention of Money Laundering and Funding of Terrorism Regulations (PMLFTR) and, therefore, the company fully complies with such legal requirements.

In adherence to PMLFTR and FIAU’s Implementing Procedures, the AML&TF guidance notes are issued to all the Company’s employees. NewTraderLab commits to perform detailed KYC and background checks on potential clients as well as performing ongoing due diligence procedures on existing clients and it reserves the right to refuse the acceptance of a client or the processing of a client’s transaction at any stage where it has arrived at a reasonable opinion that the client or the transaction may be connected in any way to money laundering or criminal activity.

As part of AML policy, NewTraderLab will NOT:

– Accept Third Party Payments

– Accept clients coming from countries that are variously listed on regulatory financial sanctions implementation notices

If you wish to obtain further details on our AML processes and assessment of prospective client, please contact [email protected].

Key information documents

The purpose of the Key Information Document (“KID”) is to inform retail investors about the nature and risks of the products offered by outlining of an investment product in a precise, factual and standardised document.

To view the full document, please click here.

Best execution policy

Hogg Capital Investments/NewTraderLab is committed to providing the highest levels of standard and care. We will execute your orders in accordance with our Best Execution Policy and as our client, you confirm that you have read and agree to it. Hogg Capital Investments/NewTraderLab will also consider the continued placement of orders by you to constitute your continued consent to our Order Execution Policy. We may amend our Best Execution Policy from time to time, and as directed by our financial services regulator, by giving you one months’ notice unless otherwise required to comply with any applicable law and regulations.

For the full text of our Best Execution Policy, please click here.

MiFID II RTS28 Report 2017

MiFID II RTS28 Report 2018

MiFID II RTS28 Report 2019

MiFID II RTS28 Report 2020

MiFID II RTS28 Report 2021

Marketing disclaimer

The content of the material on this website is purely a marketing communication to the maximum extent permitted by law. Hogg Capital Investments/NewTraderLab adheres to the various marketing rules applicable to it and confirms that the content of the website has been and continues to be monitored by its Compliance Department in line with such rules. Hogg Capital Investments/NewTraderLab will not be held liable in any way for any loss or damage suffered by you in making use of such information or website.