Tenger Capital

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

The Company complies with the Law of Mongolia on Personal Data Protection (PDPL, 2021), the Cybersecurity Law of Mongolia (2021), Financial Regulatory Commission (FRC) regulations, Anti-Money Laundering (AML) laws, and the distribution requirements of the Apple App Store and Google Play Store. Where other applicable laws and regulations are enacted or amended from time to time, the Company will comply with those requirements as they apply to the Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application refers to Tenger Capital Trading app, the software program provided by the Company.
Biometric Data refers to personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, including face scan and fingerprint data, used solely for identity verification and account authentication.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Tenger Capital LLC, 1401, New Horizons Tower, 4 Olympic Street, 1st Khoroo, Ulaanbaatar, Mongolia, 11000.
Country refers to: Mongolia.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
KYC means Know Your Customer — the process by which the Company verifies the identity of its users in accordance with applicable financial regulations.
PDPL refers to the Law of Mongolia on Personal Data Protection (2021), as amended from time to time.
Personal Data is any information that relates to an identified or identifiable individual.
Regulatory Authority means any court, governmental body, financial regulator, law enforcement agency or other public authority with jurisdiction over the Company or the Service.
Service refers to the Application.
Service Partner means any domestic or international entity engaged by the Company to deliver specific components of the Service, including securities execution, clearing and settlement.
Service Provider means any natural or legal person who processes data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. We collect only what is necessary to provide and improve Our Service and to meet Our legal and regulatory obligations. Your consent is obtained before Personal Data is collected, except where required by law. Personally identifiable information may include, but is not limited to:

Full name, date of birth, and residential address
Email address and phone number
Citizen registration number and government-issued identification details
Identity document photographs and passport scans (for KYC purposes)
Biometric Data, including face scan and fingerprint data, used solely for identity verification and account authentication
Bank account and payment details
Investment and trading account data, transaction records, and portfolio history

We may also collect any other information You choose to provide, including through the Application, in correspondence with Us, or in connection with any query, request, feedback or promotion.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers, push notification tokens, app version information and other diagnostic data.

We may also collect information that Your browser sends whenever You visit Our Service or when You access the Service by or through a mobile device.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

Pictures and other information from Your Device's camera and photo library, for the purposes of document scanning and identity verification

We use this information to provide features of Our Service, to improve and customize Our Service, and to meet Our legal and regulatory obligations. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.

You can enable or disable access to this information at any time through Your Device settings. Please note that disabling access may limit certain features of the Application.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to verify Your identity and to fulfil Our Know Your Customer (KYC) and onboarding obligations under applicable financial regulations. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of any contract with Us through the Service, including but not limited to the processing of payments, management of Your portfolio, and maintenance of Your account records.
To contact You: to contact You by email, telephone calls, SMS or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.
To comply with legal and regulatory obligations: to comply with applicable laws and regulations including, without limitation, Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) obligations, securities laws and the regulations of the Financial Regulatory Commission of Mongolia. This includes responding to lawful requests from Regulatory Authorities and fulfilling data retention obligations imposed by law.
For security and fraud prevention: to authenticate users, prevent unauthorized access to accounts, and to detect, investigate, prevent and remediate fraud, abuse and other illegal or harmful activity. We also implement these measures to protect the security and integrity of Our systems and networks in accordance with the Cybersecurity Law of Mongolia.
To provide You with news and general information about other goods, services and events which We offer that are similar to those that You have already purchased or enquired about, unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns, developing new products and features, and to evaluate and improve Our Service, products, services, marketing and Your experience.

Sharing of Your Personal Data

We do not sell Your Personal Data. We may share Your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyse the use of Our Service, to contact You, and to provide services related to cloud hosting, push notifications, identity verification, payment processing, analytics and customer support. Each Service Provider accesses only what is necessary for their function and is contractually required to protect Your data to standards equivalent to those set out in this Privacy Policy.
With Service Partners: We may share Your identity, financial and account data with domestic or international Service Partners for the purposes of trade execution, clearing, settlement and regulatory compliance. Where any such partner acts as an independent data controller for their own regulatory obligations, they are responsible for their own compliance with applicable law. International transfers to Service Partners are subject to the protections described below under "International Data Transfers."
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With Regulatory Authorities: We may disclose Your Personal Data to courts, regulatory bodies, tax authorities, law enforcement or other public authorities where required by applicable law or valid legal process.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Data Transfers

Some operations require Your data to be transferred outside Mongolia in accordance with Article 14 of the PDPL. This may include transfers to Our Clearing Partner, cloud and hosting providers, push notification services, and identity verification or payment providers operating outside Mongolia.

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of Your jurisdiction.

All international transfers are made on one or more of the following bases: Your consent; contractual arrangements requiring recipients to maintain protections equivalent to those under the PDPL; or other mechanisms recognised under Mongolian law. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy, and no transfer of Your Personal Data will take place to an organisation or country unless there are adequate controls in place including the security of Your data and other personal information.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with Our legal obligations, resolve disputes and enforce Our legal agreements and policies.

As a licensed financial services provider, the Company is legally required to retain certain categories of data for minimum periods following account closure or the relevant activity. These obligations cannot be waived. Identity and KYC records are retained for a minimum of five years after account closure under AML Law and FRC regulations. Transaction and financial records are retained for a minimum of five years from the transaction date under the Securities Market Law and AML Law. AML and compliance records are retained for a minimum of five years from the date of the relevant activity. Data subject to a legal hold is retained until the relevant matter is fully resolved.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You. You may delete Your Account at any time directly from within the Application.

Deletion may not be possible if You have open positions, unsettled orders, an outstanding balance, or if Your account is subject to a regulatory freeze or legal hold.

Following submission of a deletion request, a fourteen (14) day cooling-off period applies during which Your account is suspended but not yet deleted. You may cancel the request by logging back in within this period. After the cooling-off period, deletion is permanent and irreversible.

Upon completion of the deletion process (within 30 days of the end of the cooling-off period), We will remove Your login credentials, Biometric Data and push notification tokens; Your in-app profile, preferences and marketing opt-ins; and device and Usage Data not required for legal compliance. You will receive email confirmation once deletion is complete.

Please note that We may need to retain certain information when We have a legal obligation or lawful basis to do so, as set out above under "Retention of Your Personal Data." Deleting Your Application Account does not automatically close any associated securities account held with a Service Partner. You will need to contact the relevant Service Partner directly to confirm closure of any such account.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by Regulatory Authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us. Please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service is intended for users aged 18 and over. We do not knowingly collect personally identifiable information from minors. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from a minor without appropriate verification or parental consent, We will take steps to remove that information from Our servers and close the relevant account.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites or services that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. Material changes — such as collecting new categories of data, sharing with new third parties, introducing new international transfers, or changes that reduce Your rights — will be notified by posting the changes to the Privacy Policy on this page. Where required by law, We will obtain renewed consent. We will also update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: info@tengercapital.mn
By phone number: +976 77110272