BidFX Privacy Policy INTRODUCTION Welcome to BidFX’s privacy notice. BidFX respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data tell you about your privacy rights and how the law protects you. This privacy notice aims to give you information on how BidFX collects and processes your personal data through your use of our website www.bidfx.com (regardless of where you visit it from), as well as any data you may provide through this website, including data collected by cookies and similar technologies. It also relates to data collected through your use of any BidFX products and applications (including mobile phone apps). This website is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them. CONTROLLER This privacy notice is issued on behalf of BidFX Systems Limited and its affiliated companies (collectively, the “BidFX Group”) so when we mention “BidFX”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the BidFX Group responsible for processing your data. BidFX Systems Limited is the controller and responsible for this website. Please contact us if you have any questions about this privacy notice, including any requests to exercise your legal rights. CONTACT DETAILS Our full details are: Full name of legal entity: BidFX Systems Limited, a corporation organized under the laws of England & Wales, with its registered office at 7-12 Tavistock Square, London WC1H 9LT, United Kingdom and principal place of business at 5th Floor, York House, 23 Kingsway, London WC2B 6UJ United Kingdom. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the United Kingdom’s supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES This version was last updated on 4th July 2019 and historic versions can be obtained by contacting us. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. THIRD-PARTY LINKS This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit. THE DATA WE COLLECT ABOUT YOU Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows: • Identity Data includes first name, middle name or initial, last name, username or similar identifier, title, date of birth and gender. • Contact Data includes billing address, office address, email address and telephone numbers. • Financial Data includes bank account and other payment details. • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website or our products or services. • Profile Data includes your username and password, our products or services purchased or used by you, your preferences, feedback and survey responses. • Usage Data includes information about how you use our website, products and services (including any trade-related data specific to your use of our products or services). • Marketing and Communications Data includes your preferences in receiving marketing information from us and our third parties and your communication preferences. We also collect, use and share Aggregated Data, such as compilations of statistical or quantitative data for business purposes. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data with that of others to better understand how a particular product or service is used or to analyse the results of such usage. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we would treat the combined data as personal data which would be used in accordance with this privacy notice. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. IF YOU FAIL TO PROVIDE PERSONAL DATA Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a service you have with us, but we would notify you if this is the case at the time. HOW IS YOUR PERSONAL DATA COLLECTED? We use different methods to collect data from and about you, including through: • Direct interactions. You may give us your Identity, Contact, Financial and Technical Data by filling in forms, when you meet with us in person at industry trade shows or at demonstrations of our products and services, or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: o inquire about or apply for our products or services; o Enter into a contract for our products or services; o request marketing or other information to be sent to you; or o respond to a survey or otherwise give us some feedback. • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below: o Identity, Contact and Technical Data from the following parties: (a) analytics providers such as Google Analytics based outside the EU; (b) advertising networks such as HubSpot based outside the EU; and (c) search information providers such as LinkedIn and Bloomberg based outside the EU. o Identity and Contact Data from providers of technical, marketing and administrative services such as SalesForce based outside the EU. o Identity and Contact Data from other companies in our industry, including through their company websites, industry conferences and trade shows, and from financial industry and other publications (online and print). o Identity and Contact Data from other publicly availably sources, such as websites of governmental agencies and self-regulatory organizations (e.g., Companies House and the Electoral Register based inside the EU). HOW WE USE YOUR PERSONAL DATA We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: • Where we need to perform the contract, we are about to enter into or have entered into with you. • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. • Where we need to comply with a legal or regulatory obligation. Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest To register you as a new customer (a) Identity (b) Contact Performance of a contract with you To process and deliver our products and services to you, including: (a) Provide access to products and services (b) Manage payments, fees and charges (b) Collect and recover money owed to us (a) Identity (b) Contact (c) Financial (d) Transaction (e) Technical (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (e.g., to receive payments due to us) To manage our relationship with you, which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to update or confirm your information about you (c) asking you to submit a review or take a survey (a) Identity (b) Contact (c) Profile (d) Technical (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) To enable you to contact us, provide feedback or complete a survey (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity (b) Contact (c) Profile (d) Usage (e) Technical (a) Performance of a contract with you (b) Necessary for our legitimate interests (for running our business, provision of administration, support and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (c) Necessary to comply with a legal obligation To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) To use data analytics to improve our website, products and services, marketing, customer relationships and experiences (a) Technical (b) Usage Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) To make suggestions and recommendations to you about products or services that may be of interest to you (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile Necessary for our legitimate interests (to develop our products/services and grow our business) MARKETING We strive to provide you with choices regarding certain specific data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms: PROMOTIONAL OFFERS FROM US We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased products or services from us or if you provided us with your details when you registered for a promotion or requested a demonstration of our products or services and, in each case, you have not opted out of receiving that marketing. THIRD-PARTY MARKETING We will get your express opt-in consent before we share your personal data with any company outside the BidFX Group for marketing purposes. OPTING OUT You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase of a product or service or other transaction. COOKIES You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. CHANGE OF PURPOSE We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. To the extent we need to use your personal data for an unrelated purpose, we would notify you and explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. DISCLOSURES OF YOUR PERSONAL DATA We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above. • Internal Third Parties as set out in the Glossary (in paragraph 10 below). • External Third Parties as set out in the Glossary. • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If such a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. INTERNATIONAL TRANSFERS We share your personal data within the BidFX Group. This will involve transferring your data outside the European Economic Area (EEA). Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries. • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries. • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal data shared between the Europe and the US, or if they are otherwise subject to contractual provisions that require them to provide such similar protection. For further details, see European Commission: EU-US Privacy Shield. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA. DATA SECURITY We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of such a breach where we are legally required to do so. DATA RETENTION HOW LONG WILL YOU USE MY PERSONAL DATA FOR? We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Please contact us if you want further information regarding our retention policy for different aspects of your personal data. YOUR LEGAL RIGHTS Under certain circumstances, you have the following rights under data protection laws in relation to your personal data: Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are accurately and lawfully processing it. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data that we may hold about you corrected, though we may need to verify the accuracy of any new data you provide to us. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we may be required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons or other legitimate grounds which will be notified to you, if applicable, at the time of your request. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object in the event we were processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legal reasons or other legitimate grounds to use it. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you notify us of the withdraw of your consent If you wish to exercise any of the rights set out above, please contact us. NO FEE USUALLY REQUIRED You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. WHAT WE MAY NEED FROM YOU We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. TIME LIMIT TO RESPOND We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. GLOSSARY LAWFUL BASIS Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). Performance of a Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to. THIRD PARTIES INTERNAL THIRD PARTIES Other companies in the BidFX Group acting as joint controllers or processors and who are based in the United States of America, France, Switzerland, Hong Kong and Singapore, and provide IT and system, sales, customer support and administrative services. EXTERNAL THIRD PARTIES • Service providers acting as processors based in the United States of America, United Kingdom, France, Hong Kong, Japan and Singapore who provide IT and system services. • Service providers acting as processors or joint controllers based in the United States of America, United Kingdom, France, Switzerland, Hong Kong, Japan and Singapore who provide financial market data and other financial trading-related services and systems with which our products and services may be interconnected and used in the performance of a contract. • Financial brokers, dealers and other counterparties acting as processors or joint controllers based in North America, South America, Europe, Asia and Australia who provide or use financial trading services in connection with the use of our products and services. • Professional advisers acting as processors or joint controllers, including lawyers, bankers, accountants, insurers, marketing and other consultants based in the United Kingdom, the United States of America, France, Switzerland, Hong Kong and Singapore who provide legal, banking, accounting, insurance, marketing and other consultancy services. Internal Revenue Service, HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the, United Kingdom, United States of America, France, Switzerland, Hong Kong and Singapore who require reporting of processing activities in certain circumstances. Americas +1 332 209 3570 | Europe +44 20 8154 0400 | Asia +65 3163 8350 BidFX is a subsidiary of SGX Group © BidFX 2020 | All Rights Reserved | Terms of Use We use cookies to give you the best experience on our website. If you click “Accept”, or continue without changing your settings, you consent to their use. To learn more about how we collect and use cookies, see our privacy policy. Accept