FIA TECHNOLOGY SERVICES, INC.

PRIVACY STATEMENT

FIA Technology Services, Inc. (“FIA Tech”) provides certain services and processes to the futures, options and centrally cleared derivatives markets, including managing legal agreements, settling brokerage fees, meeting regulatory requirements and automating reconciliation processes.  We are committed to fair information principles across the organization and in all our products and services in order to carry out our mission to the global markets.

We provide more information about our data practices at these links:

  1. DEFINITIONS
  2. SCOPE OF THIS PRIVACY STATEMENT
  3. AN OVERVIEW OF THE SOURCES OF PERSONAL DATA
  4. WHAT INFORMATION DOES FIA TECH COLLECT?
  5. WHAT DOES FIA TECH DO WITH THE INFORMATION IT COLLECTS?
  6. RIGHT TO ACCESS, CORRECT, AND RESTRICT USE OF PERSONAL INFORMATION
  7. SHARING OF PERSONAL INFORMATION
  8. SECURITY OF PERSONAL INFORMATION
  9. RETENTION OF PERSONAL INFORMATION
  10. COOKIES
  11. LAWS AND LEGAL RIGHTS
  12. SALE OF BUSINESS
  13. DOES THIS PRIVACY STATEMENT APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?
  14. COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?
  15. RESOLUTION OF COMPLAINTS
  16. EU-U.S. AND SWISS-U.S. PRIVACY SHIELD FRAMEWORK
  17. HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY STATEMENT?
  18. WHOM DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
  19. APPLICABLE LAW

 

  1. DEFINITIONS

This Privacy Statement relates to information collected by FIA Tech (also referred to in this Privacy Statement as “we” or “us” or “our”) through your use of the FIA Tech website and engagement with any of FIA Tech’s Information Services.

“Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with FIA Tech, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Statement.

“You” or “your” refers to the individual who uses this website and any Information Services.

The terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization.

“Personal information” is any information that can be used to identify an individual, and may include things such as your name, physical address, email address, phone number, login information, marketing preferences, company affiliation, or payment card information. Personal information can also include information that does not identify you, but could be combined with other information in a way that enables you to be identified. This may include information such as age, gender, profession, zip code, IP address, or current location.

“Non-personal information” is information that cannot be used or combined with other information to identify or contact you, including browser types, domain names, and anonymized or aggregate statistical data involving the use of the FIA Tech website.

The terms “Privacy Shield,” “Privacy Shield Framework,” and “Privacy Shield Principles” refer to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks and the principles contained therein. For more information, visit https://www.privacyshield.gov.

 

  1. SCOPE OF THIS PRIVACY STATEMENT

This Privacy Statement is provided to explain our information practices and the choices you can make about the way your information is collected and used when it is obtained through our website; submitted to us in connection with a particular subscription or fee-based product or service (“Service Platform”) or otherwise via email or other electronic communication; or obtained through a phone call or gathered as part of our sales, marketing or support activities (collectively referred to as “Information Services”).

Other policies or governing arrangements may also apply concerning your data rights.  These include:

  1. A Master Services Agreement (“MSA”), one of the other agreements governing a Service Platform, and any related data processing amendments. (These agreements apply when your firm contracts with FIA Tech to become a customer of one of our Service Platforms (a “System User”).), or
  2. Data Processing Agreements (“DPAs”) or equivalent non-disclosure agreements with any third-party service provider or Corporate Affiliates.

We are committed to data ethics and transparency in all of our dealings with you.

Please read this Privacy Statement carefully and contact privacy@fia-tech.com if you have any questions. We may update these policies and statements from time to time.

This Privacy Statement does not address personal information that may be provided to FIA Tech in connection with a job application or employment relationship.  FIA Tech provides a separate privacy notice to job applicants and employees.

 

  1. AN OVERVIEW OF THE SOURCES OF PERSONAL DATA

FIA Tech may obtain information about individuals in these ways:

  • when you visit our website (through cookies) or contact us directly (by emails or calls) to inquire about our products, services, pricing, or initiatives
  • when your firm becomes or engages in services as a System User,
  • when you engage with our support staff,
  • when you engage as part of an industry initiative, either directly through us, or through our parent non-profit trade association, the Futures Industry Association (the “FIA”),
  • when you engage with us on social media,
  • through trade shows or industry conferences, and
  • when you are a service provider to FIA Tech or a strategic partner.

 

  1. WHAT INFORMATION DOES FIA TECH COLLECT?

Depending on your use of the FIA Tech Information Services, we collect two types of information: personal information and non-personal information.  These are detailed, in turn, above.

Typically our collection and use of personal information is limited to contact information about you, your firm and, depending on the circumstances, your customers.

FIA Tech may collect personal information that is necessary for legitimate business purposes. FIA Tech will use this information for the purposes for which it was collected. FIA Tech may also collect personal information from trusted third-party sources and engage third parties to collect personal information to assist us.

 

  1. WHAT DOES FIA TECH DO WITH THE INFORMATION IT COLLECTS?

FIA Tech may use your personal information for operational, legal, administrative, and other purposes permitted by applicable law.  In general, we use the information collected to operate and administer our Service Platforms for System Users and customers, to provide our Information Services, for internal operations such as operating and improving the FIA Tech website and our customer service functions, and to facilitate the delivery of FIA Tech advertising in some cases, including using your email to send information to you about our services.

If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personal information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference. We may also use the information collected to send announcements and updates regarding FIA Tech services. We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the FIA Tech Information Services and Service Platforms.

Some of the specific ways we may use personal information include:

  • Providing you with requested products or services,
  • Supporting your use of our Service Platforms, Information Services or other products and services,
  • Providing you with information regarding similar products or events,
  • Analyzing and monitoring the use of our products and services,
  • Providing customized product and service information,
  • Inviting you to participate voluntarily in mailings or other events, which may include product surveys or participation in industry initiatives that we announce from time to time,
  • Providing product service updates, information and alerts,
  • Sending communications, including for marketing or other customer satisfaction purposes,
  • Order processing and billing,
  • To contact you or your firm for information verification purposes, and
  • For our legitimate business interests when such a use is reasonable, given your relationship with FIA Tech and your reasonable expectations for how your personal information will be used.

 

  1. RIGHT TO ACCESS, CORRECT, AND RESTRICT USE OF PERSONAL INFORMATION

We strive to make sure that our information is reliable, accurate, and up-to-date. While personal information is maintained by FIA Tech, you may access your personal information as permitted by law to ensure that it is accurate.

Upon request made to the contact listed below, we will provide you with reasonable access to the personal information we collect about you. You will have the opportunity to correct, transfer, update, modify, or delete this information by logging into your account and updating your information online.

You may also limit the use and disclosure of your information by either unsubscribing from marketing communications or contacting us at the address listed below under the section titled “Whom do I contact if I have any privacy questions?”.

Please note that we may have an ongoing legal or business need to retain your information, even after you request its deletion. Additionally, there may be limits to the amount of information we can practically provide upon request. For information about how long personal information is retained in the normal course of business, see the “Retention of Personal Information” section below.

If you are not an FIA Tech System User, but you are a customer or client of an FIA Tech System User, you should contact the System User with whom you do business to make any requests relating to your personal information. FIA Tech will process such personal information in accordance with any MSA, DPA, or other agreement that governs our relationship with the particular System User.

 

  1. SHARING OF PERSONAL INFORMATION

FIA Tech may disclose personal information to its Corporate Affiliates. FIA Tech may disclose personal information to service providers or strategic partners for the purposes of operating our business; delivering, improving and customizing our products or services; sending marketing and communications related to our business; payment processing and other legitimate purposes permitted by applicable law, or otherwise with your consent.

FIA Tech is responsible for the processing of personal data it receives under the Privacy Shield Framework and, subsequently, transfers to a third party acting as an agent on its behalf. FIA Tech complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

There may also be instances when FIA Tech may need to disclose your personal information to honor a request that you have made through the products or services or when we believe we are required to do so as a matter of law. For more information, see the section titled “Laws and Legal Rights” below.

In addition, FIA Tech may share personal information if there is a change in FIA Tech’s ownership. This situation is detailed in the section titled “Sale of Business,” below.

 

  1. SECURITY OF PERSONAL INFORMATION

FIA Tech has physical, administrative, and technical safeguards in place to help protect the personal information FIA Tech collects and stores. While there is no such thing as perfect security on the Internet, we will take reasonable and appropriate steps to ensure the safety of your personal information while it is in our custody and control.

 

  1. RETENTION OF PERSONAL INFORMATION

FIA Tech will retain your personal information as needed to fulfill the purposes for which it was collected. Because certain personal information—for example, your email address—is required to use our paid-for services, we retain that personal information as long as your account is active. We may retain and use your personal information after you have canceled your account as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements.

 

  1. COOKIES

When visiting the FIA Tech website or using one our Service Platforms, our servers may query your computer to see if there are cookies previously set by FIA Tech. A cookie is a text file that is created when your browser visits a particular website, such as an FIA Tech website. Afterwards, every time you visit the FIA Tech website, your browser retrieves and sends this file to the FIA Tech website’s server. Cookies enhance the website user experience by:

  • Helping FIA Tech authenticate you as a user when you log in to a secure area of the website;
  • Storing information about your website user activities so you may easily pick up where you left off on the FIA Tech server’s pages;
  • Storing your user preferences, which allows you to customize how information is presented through site layouts or themes; and
  • Personalizing the manner in which FIA Tech responds to you via marketing communications.

The cookies FIA Tech collects may include the following information: a unique identifier, user preferences and profile information used to personalize the content shown to the individual users. It is your choice whether you allow FIA Tech to store such information on your computer or device. You may be able to set your web browser to alert you when a cookie is being used, and may use your browser to accept or reject the cookie; additionally, you may also disable the cookie feature on your browser entirely. However, disabling cookies may prevent you from using some features on FIA Tech websites.

 

  1. LAWS AND LEGAL RIGHTS

We may disclose your information (including personal information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personal information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms of service, to detect fraud, or to protect the safety and/or security of our users, the FIA Tech website, or the general public. FIA Tech is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the EU-U.S. or Swiss-U.S. Privacy Shield, FIA Tech is potentially liable.

 

  1. SALE OF BUSINESS

We reserve the right to transfer information to a third party in the event of a sale, merger, dissolution or other transfer of all or substantially all of the assets of FIA Tech or any of its Corporate Affiliates (as defined herein), or that portion of FIA Tech or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

 

  1. DOES THIS PRIVACY STATEMENT APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?

We may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than those provided by FIA Tech, including those of our Corporate Affiliates. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Statement applies solely to information collected by us.

 

  1. COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?

FIA Tech is incorporated in the United States.  Information collected through our Information Services or through use of our Service Platforms may be transferred to our offices, Corporate Affiliates or third parties located in the United States.  In addition, information collected through our Information Services or through the use of our Service Platforms may be transferred to locations throughout the world, wherever our business contacts and counterparties may be located, and this information may be viewed and processed in countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the trans-border transfer and hosting of such information.

 

  1. RESOLUTION OF COMPLAINTS

FIA Tech commits to resolve complaints about your privacy and our collection or use of your personal information. If you have inquiries or complaints regarding this Privacy Statement or wish to exercise any of the rights described in this Privacy Statement, you may contact us at privacy@fia-tech.com.

If you are a citizen of Switzerland or the European Union, FIA Tech has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to the JAMS Privacy Shield Program. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

 

  1. EU-U.S. AND SWISS-U.S. PRIVACY SHIELD FRAMEWORK

FIA Tech complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union and Switzerland to the United States, respectively. FIA Tech has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the policies in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please https://www.privacyshield.gov.

 

  1. HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY STATEMENT?

We may revise this Privacy Statement from time to time without notice. We encourage you to review this Privacy Statement periodically for any changes.

 

  1. WHOM DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

If you have any questions or comments about this Privacy Statement or our adherence to its terms, please contact our Privacy Agent in any of the following ways:

ATTN: FIA Global Data Protection Team
2001 Pennsylvania Avenue NW
Suite 600
Washington, D.C. 20006

 

Our representative in the European Union can be contacted at:

 

ATTN: FIA Global Data Protection Team
Level 28, One Canada Square
Canary Wharf
London E145AB

 

  1. APPLICABLE LAW

This Privacy Statement is governed by the laws of the State of New York, USA, without regard to its conflict of laws provision.  You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with this Privacy Statement except for those individuals who may have rights to make claims under the EU-US or Swiss-US Privacy Shield frameworks.

 

© FIA TECH 2018.  ALL RIGHTS RESERVED.