Personal Information Collected
The reason the Companies collect information is to create and foster ongoing relationships. In the normal course of this process, the Companies may obtain and retain non-public (personal) information about you, sometimes referred to as personally identifiable information or simply “PII” which is transmitted to us either directly by you or via your educational/training firm, proprietary trading firm, Introducing Broker or Futures Commission Merchant in order to open and maintain your electronic trading account. This information may include your name, address, tax identification number, approximate age, investment experience (professional or non-professional) and other identifiable information. In addition, the Companies may obtain information about you through our affiliates, credit reporting services, exchanges, regulatory information providers and other similar entities. The Companies limit such information to such facts as are necessary to establish a relationship with you and to offer accurate and superior service in the normal course of business as it relates to your electronic trading activities implemented by the Companies.
The Companies also obtain and retain non-public (personal) information or PII about you resulting from transactions involving your financial investments and trading activities. This may include your account balances, funding and transaction history. In addition, the Companies may obtain and retain non-public (personal) information about you in connection with information obtained through an information-collecting device from a web server, often referred to as a “cookie”.
Use of Personal Information
The Companies may use your personal information or PII for three general purposes:
- First, the Companies may use the information to approve and activate online electronic market data and/or trading access for you and/or to make changes or additions to information previously provided to the Companies to activate and maintain online electronic market data and/or trading access for you.
- Second, the Companies may use the information to give you online access to your electronic trading account information, market data and proprietary information in a secured environment.
- Third, the Companies may use the information in the normal course of business to transmit account activity information to you, your educational/training firm, proprietary trading firm, Introducing Broker, Futures Commission Merchant and exchanges providing market data relating to your online trading or educational/training activities.
Disclosure of Personal Information
The Companies take very seriously their responsibilities to keep your personal information private. The Companies will not disclose non-public personal information about you except as required and permitted by law and in the following instances:
- In processing or servicing of products or services offered by the Companies that have been consented to, requested or authorized by you, your educational/training firm, proprietary trading firm, Introducing Broker or Futures Commission Merchant.
- The Companies may share your personal information with affiliates and subsidiaries and/or unaffiliated third parties only as is necessary to verify the accuracy of the information you have provided, to conduct identity, background and credit history checks, to process or collect payments, to service your account, including the provision of account opening and continued operation, risk management services, market data delivery, for audit purposes and/or to ensure regulatory compliance.
- The Companies may be required to disclose personal information by law or legal process for a variety of reasons, including protecting and defending the rights or property of the Companies and periodically reporting your electronic trading activity as may be required by your educational/training firm, proprietary trading firm, Introducing Broker, Futures Commission Merchant, trading exchanges, regulatory agencies or agencies such as the Internal Revenue Service.
How the Companies Protect Personal Information
The Companies take reasonable measures to protect your personal information from unauthorized access through the use of physical and electronic security, and use and access policies for employees. The Companies safeguard customer information from unauthorized access by their confidentiality policies and/or limiting the number of employees permitted to access such information through personalized staff passwords, and by having in place a process for disciplinary action where appropriate.
Additionally, customer or account activity related information is protected on the Companies servers with a variety of security measures such as change control procedures, passwords, and physical access controls. The Companies also employ a variety of other mechanisms to protect a user’s data from being lost, misused, or altered inappropriately. Although the Companies take these measures to safeguard against unauthorized use of a user’s data, the Companies cannot control Internet transmissions and cannot provide assurances that personal information transmitted to the Companies will never be compromised.
Information Sharing with Affiliates of the Companies
By law, the Companies are permitted to share information with affiliates and subsidiaries related to transactions and experiences with you. It is the policy of the Companies not to do so without your authorization, except in the limited circumstances referenced above. The Companies will not share any personal information either provided by you or obtained from your educational/training firm, proprietary trading firm, Introducing Broker, Futures Commission Merchant or other third parties, unless it is necessary to do so for the purposes described above, it is required by law or regulation, or unless we have your specific written authorization.
Protection of Children
Protecting children’s privacy is especially important to the Companies. You must be 18 years of age or older to open and maintain an account with an educational/training firm, a proprietary trading firm, an Introducing Broker or Futures Commission Merchant, and to activate and access your electronic trading account information, market data and proprietary information. The Companies do not knowingly ask for or collect personal information or PII from any person under the age of 18.
California Privacy Rights
California Civil Code Section 1798.83, also known as the California Consumer Privacy Act (“CCPA”), effective January 1, 2020, allows California customers of the Companies to request certain information regarding disclosures by the Companies in the prior calendar year, if any, of personal information or PII to third-parties for their own direct marketing purposes. If you are a California resident and want to make such a request, please contact the Rithmic Compliance Department immediately at 1‑877‑408-0008 or by email to email@example.com and provide your name and address. Please note that under California law, the Companies are only required to respond to a customer request for this information once during any calendar year.
Accuracy of Personal Information
On an ongoing basis, the Companies evaluate their efforts to protect your personal information or PII, and to ensure its accuracy. Should you identify any inaccuracy in the personal information included in any communication you receive from the Companies, please notify your independent introducing broker, Futures Commission Merchant or the Rithmic Compliance Department immediately at 1-877-408-0008 or by email to firstname.lastname@example.org. The Companies will take reasonable steps to ensure any inaccuracy in your personal information is corrected on a timely basis.
Revised: February 17, 2020