Last Updated: January 6, 2019
EXM LLC (EXM) appreciates the trust and respects the privacy of everyone who uses our website, www.MEMXtrading.com (“Website”). This Privacy Statement (“Privacy Statement") explains how EXM collects, uses, stores, and protects the information that we collect from users of our Website and describes your rights and choices regarding the information that we collect.
EXM operates a U.S.-based national securities exchange. Participating EXM members (Members) consist of U.S. and international entities and individuals. As a result, information that we collect on our Website, including personal information, may be transferred to our U.S. offices to permit us to comply with our legal and contractual obligations, to provide information and services to prospective and current Members (Services), and to perform related business activities.
In addition, we may work with third-party service providers in the U.S. and in other countries to support our business activities. Thus, personal information may be transferred to, stored on servers in, and accessed from the United States and from countries other than the country in which the information was initially collected. In all such instances, we use, transfer, and disclose personal information solely for the purposes described in this Privacy Statement.
If you have any questions or concerns about this Privacy Statement or about EXM’s privacy and data security practices, please contact us at [email protected].
Please click on the headings and subheadings marked with a “+” below for more information.
Information Collection Not Covered by this Privacy Statement +
This Privacy Statement does not apply to personal information that EXM collects and uses for employment-related purposes, whether through this Website or through a Website operated on our behalf by a third-party service provider.
What EXM Means by “Personal Information”
For purposes of this Privacy Statement, “Personal Information” means any information from or about a person that either identifies that person directly or that makes that person identifiable when it is combined with other information from or about that person from any source. Personal Information stops being personal information when it has been aggregated, de-identified, or otherwise anonymized sufficiently that the individual is no longer identified or identifiable using reasonable efforts, resources, and technology. To the extent applicable, “Personal Information” encompasses “Personal Data” and “Special Categories of Personal Data” as those terms are used in EU Regulation 2016/679, the EU General Data Protection Regulation (GDPR).
Information that We Collect From and About You +
Information that You Provide to Us Voluntarily
If you choose to communicate with us through an online form, by sending us an email, by requesting additional information, by registering for one of our newsletters or events, by purchasing goods or services from us, or by otherwise contacting us, we will collect whatever information, including Personal Information that you choose to provide us with. We will combine that information with other information that we collect from and about you as described in this Privacy Statement.
Information that We Collect Automatically When You Visit Our Website+
Our Website automatically creates logs regarding user sessions that contain information about the features that you use, the actions that you take, and the information that you access. When your session ends, EXM only retains the information in a statistical and aggregated format (non-personal information) that we use for research purposes, assessing the effectiveness of our Website, and improving user experience.
Cookies are small pieces of information transferred to your computer’s hard drive through your web browser to enable our systems to recognize your preferences and settings. Cookies collect information such as the type of search engine used, the sections of the Website visited, and other Website usage information. Most browsers automatically accept cookies, and you may manually disable them. For more information on disabling cookies, go to the “help" menu on your browser or to www.networkadvertising.org/choices/ or www.youronlinechoices.com. Our Website may still be viewed if you choose to disable cookies, but your use and enjoyment of our Website may be adversely affected.
The Website currently uses only two cookies. Both are used for site administration purposes, neither can be accessed by third parties, neither are used for marketing purposes, and neither are used to identify specific individuals or track their activities on other websites:
- X-Mapping cookie – We use the X-Mapping cookie to route data and page requests to the correct server when a site is hosted on multiple servers, The cookie keeps the user’s browser session intact as we load balance among a clustered array of servers.
- __cfduid Cloudflare cookie – We use the __cfduid cookie to identify authorized devices from a shared IP address and to apply security settings on a per-client basis. The cookie does not link to any user ID, and we do not use it to identify, collect, or track information from our about specific individuals.
Information that We Collect From Other Sources +
EXM does not collect Personal Information from or about you from third parties, or combine information from other sources with the information described in this Privacy Statement.
EXM does not currently use Google Analytics or similar third-party tools to analyze Website traffic and use.
Why We Collect Information From and About You +
EXM does not collect, use, share, or disclose your Personal Information for anything other than the following business purposes:
To comply with our legal obligations: +
- To demonstrate compliance with applicable privacy and data security law
- To comply with incident monitoring, reporting, assessment, and notification requirements
- To comply with statutory and regulatory recordkeeping requirements
- To comply with other applicable criminal and civil law and regulatory requirements under federal, state, and international law
To provide services and information that you request and consent to receive: +
- To provide customer service and support
- To communicate with you, including responding to your comments, questions, and requests
- To provide direct marketing and email regarding EXM and to distribute other information, such as career information.
To fulfill our other legitimate interests: +
- To administer, operate, maintain, and secure our Website
- To monitor and analyze trends, usage, and activities in connection with our Website and to conduct our business activities
- To investigate and prevent fraudulent transactions, unauthorized access to our Website, and other illegal activities
- To verify compliance with our internal policies and procedures
- For accounting, recordkeeping, backup, and administrative purposes
- To customize and improve the content of our communications and Website,
- To provide information and education
- To provide, operate, maintain, improve, personalize, and promote our business activities
- To develop new products, services, features, and functionality
To the greatest extent possible, we will use aggregated, de-identified, or otherwise anonymized non-personal information to accomplish these purposes, but if we do not, or if we combine non-personal information with Personal Information, we will continue to treat all Personal Information in accordance with this Privacy Statement.
EXM’s Information Sharing and Disclosure +
Except to the extent necessary to fulfill our business obligations, to accomplish one of the business purposes described in this Privacy Statement, or in response to your express instructions, we do not sell, transfer, or otherwise disclose Personal Information that we collect from or about you.
With Your Express Consent:
We will share your Personal Information with companies, organizations, or individuals outside of EXM only when we have your prior express consent or you ask us in writing to do so.
With Our Service Providers, Business Partners and Others to Accomplish Our Business Purposes as Stated in this Privacy Statement:
We may share your information with our service providers and other third parties who perform services on our behalf, such as infrastructure and administrative services.
When Necessary to Comply with Laws and Law Enforcement Requests or Otherwise to Protect EXM, Its Members, and Individuals:
We may disclose your information (including your Personal Information) to a third party if:
- We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request;
- To enforce our agreements, policies and terms of service;
- To protect the security or integrity of EXM Services;
- To respond to an incident involving personal data for which EXM has direct or indirect responsibility
- To protect the property, rights, and safety of EXM, our Members, or the public
- To prevent harm or illegal activities
- To respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or
- To investigate and defend ourselves against any third-party claims or allegations.
As the Result of a Business Transition:
We may share or transfer your information (including 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. We will take reasonable steps to assure that any other entity involved continues to comply with the terms of this Privacy Statement. We will notify you of such a change in ownership or transfer of assets by posting a notice on our Website.
Sharing Aggregate, Anonymized, De-identified, or Otherwise Non-Personal Data:
We may share Personal Information that has been aggregated, de-identified, or otherwise anonymized and thus does not directly or indirectly identify you and that cannot, with reasonable efforts, resources, and technologies, be used to re-identify you. Such aggregated, anonymized, de-identified, or otherwise not re-identifiable information is not Personal Information within the scope of this Privacy Statement or applicable privacy laws.
Your Control Over Information that We Collect from and About You +
- You may decline to share certain Personal Information with us, in which case we may not be able to provide you with some of the features and functionality of our Website or fulfill your requests.
- You may decline to accept cookies, but that decision may affect the functionality and performance of our Website.
- You may opt out of receiving EXM communications by using the unsubscribe link within each email or by contacting us as shown below. Note that, as long as you maintain a Member account with us, you will continue to receive administrative messages from us regarding that Member account and related Member services.
- You may request information about, and access to, the personal data that we collect from you.
- You may ask us to correct or update information that we have about you to the extent that you are not able to do so directly.
- You may ask questions or make complaints about our privacy and data security practices with regard to your personal data.
- You may request that we delete information that we have collected about you.
- You may ask us for a copy of the information that we collected from you.
To exercise any of these options or for additional information about our privacy and data security practices, contact us at [email protected].
If we are unable to address and resolve questions or concerns about your personal data, you may exercise such other rights as are available to you under U.S. and other applicable laws.
EXM uses reasonable organizational, technical, and administrative measures to provide a level of security appropriate to the risk associated with the Personal Information that we collect and the data on our platform. We protect Personal Information under our control against – and require our service providers to also protect against – accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to, personal data that is transmitted, stored, or otherwise processed. Only authorized employees and authorized service providers have access to the data you provide, and that access is limited on a least privilege access, need to know basis. EXM employees and authorized service providers who have access to your personal data have agreed to maintain the confidentiality of that information.
Unfortunately, no data transmission over the Internet and no information system can be guaranteed to be 100% secure.
If you have concerns about the security of your information with EXM, please contact us immediately at [email protected].
Links to Other Sites +
Data Retention +
EXM retains information only as long as necessary to accomplish the business purpose for which it was collected and to comply with its legal and contractual obligations, plus 1 year, and then securely disposes of that information or converts it into non-personal information by aggregating it, de-identifying it, or otherwise anonymizing it so that it does not directly or indirectly identify you and cannot, with reasonable efforts, resources, and technologies, be used to re-identify you.
Children’s Privacy +
Our Website, and the services we provide to our Members, are not directed to or intended for individuals under the age of 18. We do not knowingly collect Personal Information from children under 18. If we become aware that anyone under the age of 18 has provided us with personal information, we will take steps to delete that information. If you become aware that anyone under the age of 18 has provided us with Personal Information, please contact us at [email protected].
California Privacy Rights +
California Civil Code Section 1798.83 permits Website users who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at [email protected].
Transfers of Personal Information from Other Countries +
EXM will comply with applicable law regarding the collection and transfer of Personal Information from countries that have privacy or data security laws that are inconsistent with the practices described in this Privacy Statement.
Changes to this Privacy Statement
EXM may change and update this Privacy Statement from time to time, including materially changing the collection, use, or sharing of Personal Information as described herein. When we do, we will also revise the “last updated” date, below. Any change or update to our Privacy Statement will be transmitted to Members in advance and posted on our Website under “Privacy Statement" at least 30 days prior to implementation.
Questions, Complaints, and Additional Information
If you have questions, complaints, or concerns about this Privacy Statement, your Personal Information, or our use and disclosure practices, or you wish to exercise your options as described in this Privacy Statement, please contact us at [email protected].
Effective Date: January 6, 2019
Last Updated: January 6, 2019