Effective as of 18/05/2020
As market data services and solutions provider Devexperts LLC (“We”, “Devexperts”), a company with its principal corporate office at: First Name House, Victoria Road, Douglas, Isle of Man, IM2 4DF, is committed to protecting personal information You might provide to Us and to complying with applicable privacy requirements in a trustworthy, transparent and responsible manner.
We reserve the right to change this Policy from time to time as a result of changes required by third party providers, governmental authority, law, regulatory rules or valid subpoena, other administrative or legal process or court order. Changes and modifications to this Policy will be effective immediately upon posting of the changes and modifications through the Site, except where prohibited by law. If We change this Policy, We will notify You of the changes by updating the effective date at the top of this Policy and, if required by applicable laws, by providing You with a notice, which may be sent via email.
A. COLLECTION AND USE OF YOUR INFORMATION
When surfing, or registering on Our Site, You may be asked to enter Your Personal Information. In such cases, we shall collect and process any Personal Information provided by You to Us for the purposes enlisted below:
- Providing, developing and improving Our Site;
- Responding to Your demands, requests and inquiries;
- Notifying You about sufficient changes to this Policy;
- Complying with legal and/or regulatory requirements and cooperating with regulators and law enforcement bodies;
- Protecting Our rights, Your rights, and the rights of others, and meeting Our own high standards of business practice.
- If You are surfing through our Site but no Personal Information was asked by Us, We still may analyze aggregated and anonymized data associated with the use of the Site for the purpose of improvement and enhancement of our Site.
If you request Us to contact You, we shall collect and process any Personal Information provided by You to Us as follows:
- Providing, developing and improving Our services and their provision;
- Communicating with You, including to respond to Your comments or requests for information as for the services You use;
- Requesting feedback on Our services;
- Notifying You about changes to Your subscriptions or to the services You currently use.
B. HOW WE PROTECT YOUR PERSONAL INFORMATION
- process the Personal Information in accordance with Data Protection Laws only for the purposes specified above or as otherwise instructed in writing by You, and inform You if any instruction contradicts any legal requirements to which We are subject;
- keep all Personal Information confidential;
- ensure that access to Personal Information shall only be provided to those of Our employees, Affiliate or service providers who need access to such data for the communication with You and the performance of the Site;
- take adequate technical, organizational and physical security measures to safeguard Personal Information against unauthorized access, destruction, disclosure, transfer, or other improper use, inter alia vulnerability scanning, regular Malware Scanning, disaster recovery plan and other business continuity programs implementation;
- provide You at Your written request with reasonable access to the Personal Information about You that We hold for You to be able to review and update Your Personal Information;
- promptly notify You of any accidental or unauthorized access, destruction, disclosure, transfer or other improper use of Your Personal Information, after We become aware of any such access, destruction, disclosure, transfer or other improper use;
- provide You at Your written request with all information necessary to demonstrate that We are in compliance with this clause B;
- audit the adequacy of Our security measures used to process Personal Information;
- upon expiration of 5 years period since last update of Your Personal Information and/or upon Your written request of deleting or returning the Personal Information to You, unless it is technically impossible or We are legally obliged to keep Your Personal Information; in this case We delete Your Personal Information when this legal obligation is fulfilled.
C. HOW WE SHARE YOUR INFORMATION
From time to time, to the extent permitted by applicable law, We may share Your information with Our affiliates Devexperts GmbH, Devexperts Portugal S.A., and Devexperts Sofia EOOD, (the “Affiliate”), Service Providers (e.g. software service providers, data hosters) and authorities in the following circumstances:
- Affiliate. We may share Your information with the Affiliate for purposes identified above. To the extent required or permitted by applicable law, by visiting or using Our Site or otherwise providing Us with Your information, You consent to this sharing of Your information.
- Service Providers. Service Providers may process Your information (namely Personal Data) when performing functions on Our behalf (e.g., hosting or operating our services). We do not authorize these service providers to use Your information for purposes other than for which it has been provided, and do not authorize these Service Providers to disclose that information to unauthorized parties. We require these Service Providers to maintain appropriate security to protect Your information from unauthorized access or processing.
- Authorities. We may disclose Your Personal Information to regulatory authorities, courts, and government agencies, where We believe that doing so would be in accordance with or permitted or required by any applicable law, regulation or legal process, to defend the interests, rights, and/or property of Us or others, or to respond to emergencies.
We shall transfer Your Personal Information to entities stated above in the section C and shall ensure that any such transfers of Personal Information to third parties will be subject to contractual requirements to safeguard Personal Information equivalent to those set out in Clause B, and We shall remain liable to You for any breaches caused by third parties and/or Our Affiliate upon such transfer. However, third party service providers have separate and independent privacy policies. We therefore have no responsibility or liability for their activities after We have done Our best to provide safety for Your Personal Information processing.
D. YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION
Subject to local law, You may have certain rights regarding Your Personal Information. These may include, depending on the circumstances, the following rights to: access Your personal information; rectify the personal information We hold about You; erase Your personal information; restrict Our use of Your Personal Information; object to Our use of Your Personal Information; receive Your Personal Information in a usable electronic format and transmit it to a third party (also known as the right of data portability); lodge a complaint with Your local data protection authority; and withdraw any consent You have given to the use of Your Personal Information. If You would like to discuss or exercise the rights You may have, feel free to contact us via email at email@example.com.
Here You may find the list of Your rights if Your Personal Information is processed subject to the GDPR:
- Right to access, rectification, erasure and restriction of processing;
- Right to restrict processing;
- Right to object to processing;
- Right to data portability;
- Right to lodge a complaint.
In case You wish to opt out from certain disclosure of any of Your Personal Information to a third party or choose to limit purposes for which Your personal information is collected or used by Us, You may do so by contacting us via email at firstname.lastname@example.org. However, We feel obliged to warn You that Your setting of certain limitations of Your Personal Information processing by Us may cause inability to surf through the Site and insufficient help to You in its fullest scope.
Please also note that We may continue to process Your Personal Information after Your request to restrict, object or erasure (delete or opt-out) to the extent required or permitted by law.
E. YOUR OBLIGATIONS REGARDING YOUR PERSONAL INFORMATION
In relation to all Personal Information provided to Us, You shall ensure that You shall not, by any act or omission, put Us, Our Affiliate, third party service providers in breach of any of the Data Protection Laws.
F. INTERNATIONAL TRANSFERS
We are an international company, and Our Site may be operated and managed on servers located and operated outside of the EU. In order to make Site available to You, We may send and store your Personal Data outside of the country where You reside or are located, including to countries that may not or do not provide the same level of protection for Your Personal Data, in accordance with EU level standards. Nevertheless, We are committed to protecting the privacy and confidentiality of Personal Data when it is transferred so, in spite of the data protection adequacy level of such countries, We shall only transfer Personal Data to such third party that: (i) has provided satisfactory assurances to Us that it will protect the Personal Data in accordance with this Policy and the applicable data protection legislation, namely by providing adequate safeguards up to GDPR level Standards; and (ii) has a legal or contractual right to require such transfer.
G. TRANSFERS OUTSIDE EEA
If you reside or are located within the EEA and Your Personal Information are to be transferred to a country that is not considered “adequate” for privacy by the EU Commission, We shall take appropriate steps to provide the same level of protection for the processing carried out in any such countries as You would have within the EEA to the extent feasible under applicable law and We shall additionally conclude the following agreements with the data receiving organization in such countries: the Standard Contractual Clauses for Controller-to-Controller Transfers approved by EC Commission Decision of 27 December 2004 (the “C-to-C Transfer Clauses“) or the Standard Contractual Clauses for the Transfer of Personal Information to Processors Established in Third Countries approved by EC Commission Decision of 5 February 2010 (the “C-to-P Transfer Clauses“) depending on the nature of the Processing. By submitting Your Personal Information, You agree to this transfer, collection, systematization, checking, rectification, updating, usage, storing and processing.
You can find the terms of the C-to-C Transfer Clauses and C-to-P Transfer Clauses at the following link https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
For the purposes of this Policy:
(1) The terms “Controller” “Processor”, “Process(ing)”, each have the meaning given to such terms in the GDPR.
(2) The Personal Information collected during Your Site use includes any data identifying You that You provide to Us:
- Email address;
- Telephone number;
We may also automatically collect the following categories of information from devices (e.g., mobile, computer, laptop, tablet) used to visit or use Our Site.
- IP address;
- Device identifier;
- Log files;
- Cookies (for more detailed info, see Cookies);
- Clear gifs;
- Flash LSOs; and
- Other information.
(3) The term “Data Protection Laws” means applicable legislation and regulations relating to the protection of Personal Information, (including the GDPR).
(4) The term “Data Subject” shall mean an individual whose Personal Information is at issue.
(5) The term “GDPR” shall mean European Union Regulation 2016/679 and includes any relevant implementing measure in each relevant European state, or any successor legislation thereto.
This Site may contain links to other third-party sites (“Third Party Sites”). The Third Party Sites are not under the control of Devexperts, it is not responsible for the content of any such sites and their data processing policies. Devexperts provides such links to You only as a convenience, and the inclusion of any link does not imply endorsement Devexperts of the site or any association with its operators. Their use of personal information will be governed by their own privacy policies.
We do not use automated decision-making while proceeding Your Personal Information or any other similar method that has legal or similarly significant effects on the individual.
PERSONAL INFORMATION PROCESSING FOR MARKETING PURPOSES
If you subscribe our Newsletter, we will process Your Personal Information, namely Your email address. Our purpose for collecting this information is so we can provide you with a service you have requested. Hence, we rely on your consent to process the personal data you provide to us for marketing purposes. This also means you have the right to withdraw (opt out) your consent, or to object to the processing of your personal data for this purpose at any time, besides the rights referred to at Section D. Therefore if you wish to discontinue receiving marketing e-mails from Us, You may opt out via email at email@example.com at any time.
We collect cookies (first-party and third-party) that enable Us to provide You a better browsing experience and therefore a better service. Cookies are small text files which are stored on the browser or hard drive of your computer or mobile device when you visit a webpage or application. Therefore, Cookies provide Us with the information that allows the Site or a third-party to recognize You and make Your next visit easier and the Site more useful to you, since it enables the Site to remember Your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so You do not have to keep re-entering them whenever You come back to the Site or browse from one page to another.
- Your display choices, such as contrast colour settings or font size or language;
- Your preferences giving you a browsing experience that is unique to you;
- Your IP address, browser technical characteristics which helps us to troubleshoot any problems and to monitor our own performance;
- if You have already expressed Your consent of Our cookies application on the pop-up notice upon Your Site’s first visit.
What variety of cookies operate on our site?
- Necessary Cookies: These cookies are absolutely essential for the site to function properly. This category only includes cookies that ensures basic functionalities and security features of the site. These cookies do not store any personal information.
- Performance Cookies: These cookies allow us to gather data on how visitors use the website, as well as traffic sources so we can measure and improve the performance of our site. Hence, they help us count how many visitors the site receives, to know which pages are the most and least popular and see how visitors move around the site. None of this information can be used to identify you. These cookies are used for statistical purposes collecting aggregated and therefore anonymous data. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.
- Targeting Cookies: These cookies allow our advertising partners to use adds throughout your browsing experience. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites (targeting advertising). If you do not allow these cookies, you will experience advertising but it will not be targeted for you.
- Functional Cookies: These cookies enable the site to provide enhanced functionality and personalization, since they allow us to remember the choices you have made in the past such as language preference or your region. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use some or all of the features we offer. You may not be able to log in, store your preferences, and some of our pages might not display properly.
If You have any questions with regards to this Policy please contact Us at firstname.lastname@example.org.
If You think that there has been a violation of Data Protection Laws, You may address to the relevant European Data Protection Authorities.