Last Updated: December 11, 2018
This Privacy Notice explains how Thalēs Trading Solutions LLC and Thalēs Capital Partners LLC (“Thalēs” or “we”) collect, use, and disclose personal data both online through our Website and our Agora and Harvest client portals, and offline in providing our services (“Services”) to our clients, including the regulatory obligations we have in providing these Services. We refer to the individuals whose Personal Data (as defined below) we collect and process as “you” in this Notice.
“Personal Data” is information that identifies an individual or relates to an identifiable individual. When we collect Personal Data, we do so in order to communicate with you, to provide our Services to you, to improve those Services, and to fulfill our regulatory obligations. For example, these obligations require that we collect Personal Data as it is represented on your government issued ID’s (such as a Driver’s License or Passport). Other examples of Personal Data we collect include:
- Account details and related contact information;
- Postal address;
- Telephone, fax, email address, and other identifying addresses for electronic communications;
- Date of birth;
- Photographic or video images;
- Telephonic or electronic recordings;
- Details represented on your government issued IDs; and
- Personal Data in any documentation that you provide us (such as marketing materials) to share with others through our Services when you consent to do so.
Please note that if we do not receive the information that we request, we may not be able to provide the requested Services.
Collection of Personal Data
We collect Personal Data directly from you when you sign-up for and use our Services or through the communications required for us to provide our Services or respond to you when you have contacted us directly. When we request this information from you, we also provide you notice of our privacy and other data protection policies, through links on our Website, client portals, and email communications. Given your notice of our policies, we understand your provision of any requested information as a consent to our use of this information as we describe in our policies. Otherwise, when you provide us information through our Services or communications with us, we understand you to have consented to our use of this information as we describe in our policies. You may revoke this consent at any time by emailing firstname.lastname@example.org and we will respond to your request within a reasonable time.
We will retain Personal Data for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) whether we continue to provide our Services to you; and (ii) whether there is a legal obligation to which we are subject. If required to meet our regulatory obligations, we may also receive Personal Data from other sources, such as public databases, employers, the entity we provide our Services to, and from other third parties.
We take the security of your Personal Data seriously. Our employees, affiliates, and third-party services that we use to help store, protect, and process your information have access to the Personal Data you share with us. Otherwise, we will only provide your Personal Data to those for whom you have given your consent or when we are required to do so to comply with regulations or satisfy other legal obligations.
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. In addition to our strong password and authentication policies, we have implemented multiple layers of security on our systems, including up-to-date anti-virus and anti-malware software. All information you provide to us is stored on our secure servers behind firewalls.
We have also implemented a Data Breach Plan for recognizing and responding to data breaches. In the event of a data breach, we will initiate the notification procedures required by the Data Breach Plan and notify the appropriate authorities within seventy-two hours after discovery.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us. Any transmission of personal information is at your own risk, and we are not responsible for circumvention of any privacy settings or security measures related to our Services. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by emailing email@example.com.
We recognize that there are additional risks that countries, such as those in the EU, associate with transferring Personal Data to the United States. As a U.S.-based company, we work hard to mitigate these risks through not only our security measures but also by only using trusted third-party services to help store, protect, and transfer your information as well as communicate with you. To ensure this security, we use third-party services who are certified under the EU-U.S. and EU-Swiss Privacy Shields, operate in countries who provide adequate data protection regulations under European law, or have given us adequate assurance as to their data protection practices (for example, through a Data Protection Agreements that outline a third-party service provider’s practices and commitments to protecting our clients’ Personal Data). Please note that you may request additional information and documentation regarding the compliance of our third-party processing services by emailing firstname.lastname@example.org.
We are, however, ultimately not responsible for the privacy or other practices of any third parties.
Use of Personal Data. We may use your Personal Data for our legitimate business interests, which include:
- To develop and improve our Services;
- To better understand how our clients use our Services;
- To provide information to individuals or institutions you wish to connect with through our Services;
- To manage your user account and our client relationship;
- To respond to your inquiries, requests, and issues that you bring to our attention;
- To send you marketing information, including proposals and offers;
- To inform our clients about products or services which we believe may be of interest, including marketing proposals or offers;
- To verify your identity/location or that of your representative/agent;
- To protect the security of accounts and Personal Data;
- For our security and risk management efforts, including compliance with our legal and regulatory obligations and for fraud detection, prevention and investigation, including “know your customer,” anti-money laundering, conflict, and other necessary onboarding and ongoing client checks, due diligence and verification requirements;
- To send you administrative information regarding your account, such as updates to these terms.
As part of these regulatory obligations, we collect this information in order to meet our legal and regulatory obligations related to the prevention of money laundering and terrorist financing.
When We Share Your Information with Other Users through Our Services
As noted above, we may provide your Personal Data to individuals or institutions with whom you wish to connect through our Services, such as our Agora tool, which allows investors to discover, analyze, combine, and connect with hedge funds interactively. In order to protect your Personal Data and allow you to best enforce your rights to it, Agora uses specific mechanisms to ensure that your information will be shared with only those for whom you have given your consent.
If you are an investor and you ask to “connect” with a fund within Agora, then your business contact details and basic job information will be provided to that fund. If the fund accepts your request to “connect,” the fund will also be able to see your activity on the pages relating to that fund (including what you do and have previously done while interacting with pages relating to that fund).
You can use Agora without connecting to any funds. The purpose of connecting is to give you access to a fund’s additional documents. The funds require your business contact details and basic job information in order to decide what documents (if any) they are willing to provide to you.
You may withdraw your consent at any time. After your withdrawal has been implemented, the fund will not be able to see your subsequent activity on the pages relating to that fund. But everything before that time will still be available to the fund.
Please note that some of these funds may be based outside of the European Economic Area and in countries, such as in the United States, which have less rigorous data protection laws. You are not obliged to connect with any fund. You will need to decide whether you are willing to provide your information to funds based in other parts of the world —by connecting to these funds, you consent to transferring your information to them.
Once your information has been transferred to a fund, we will not be able to make the fund erase your information or stop using it. You will need to deal directly with the fund in respect to their use of your information.
“Other Information” is any information that does not reveal a person’s specific identity or does not directly relate to an identifiable individual, such as:
- Browser and device information;
- Online usage data;
- Information collected through cookies, pixel tags, and other technologies;
- Demographic information and other information provided by you that does not reveal a person’s specific identity;
- Information that has been aggregated in a manner that it no longer reveals a person’s specific identity; and
- Survey responses and similar information which reveals views and preferences, but which does not reveal a person’s specific identity
If we are required to treat Other Information as Personal Data under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Data as detailed in this Privacy Notice.
We collect this information:
- Directly as you provide it to us through your use of our Online Services; and
- Automatically, as you navigate through our website, online platforms, and emails (“Online Services”), information may automatically be collected including usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies used on our Online Services.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Online Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Online Services, including traffic data, location data, logs, and other communication data and the resources that you access and use through our Online Services; and
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically helps us to improve our Online Services and deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns;
- Store information about your preferences, allowing us to customize our Online Services according to your individual interests;
- Speed up your searches; and
- Recognize you when you return to our Online Services.
The technologies we use for this automatic data collection may include:
- Log Files: As is true of most websites, we gather certain information automatically and store it in log files. This information may include IP addresses, browser type, internet service provider, referring/exit pages, operating system information, device manufacturer and model, the name and version of the software applications you are using, date/time stamp and other metadata, and clickstream data. We generally only use this data for purposes such as security, fraud detection, and protecting our rights.
Most Internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. For information on how to do this, access the “help” menu on your Internet browser, or visit https://cookiesandyou.com. Please note, however, that disabling our cookies may result in your inability to take full advantage of all of the features of our services.
- Analytics: We use analytics providers such as Google Analytics to help us evaluate and measure the use and performance of our Services. To opt-out of the aggregation and analysis of data collected about you on our Services by Google Analytics, visit https://tools.google.com/dlpage/gaoptout and download and install the Google Analytics Opt-out Browser Add-on.
Other Uses or Disclosures
We may use and disclose Personal Data as we believe to be necessary or appropriate: (a) to comply with applicable law including treaties or agreements with or between foreign or domestic governments, which may include laws outside the country you are located in, to respond to requests from public and government authorities, which may include authorities outside your country to cooperate with law enforcement, governmental, regulatory, securities exchange, or other similar agencies or authorities including tax authorities to which we or our affiliates are subject or submit, in each case of any country worldwide, or for other legal reasons, who may transfer the Personal Data to equivalent agencies or authorities in other countries; (b) to central banks, regulators, trade data repositories, or approved reporting mechanisms which may be outside your country; (c) to courts, litigation counterparties and others, pursuant to subpoena or other court order or process or otherwise as reasonably necessary, including in the context of litigation, arbitration and similar proceedings to enforce our terms and conditions, and as reasonably necessary to prepare for or conduct any litigation arbitration and/or similar proceedings; and (d) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others.
In addition, we may use, disclose or transfer Personal Data to a third party (i) in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business or assets (including in connection with any bankruptcy or similar proceedings) and/or (ii) to third parties, as requested by clients or their representatives.
Choices and Access
We give you choices regarding our use and disclosure of your Personal Data for marketing purposes. You may opt-out from receiving electronic communications from us. These communications will provide you with an accessible opt-out mechanism (such as an opt-out link), or you may contact us directly by emailing email@example.com. We will try to comply with your request(s) as soon as reasonably practicable for us. We may still send you important administrative, Service, or transaction-related messages.
If you would like to request to review, correct, update, suppress, restrict, or delete Personal Data that you have previously provided to us, you may contact us at firstname.lastname@example.org. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.
We do not collect sensitive Personal Data in connection with our Services. Please do not send us any Personal Data such as information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, health, biometric or genetic characteristics, criminal background or trade union membership) (“Special Data”).
Use of our Services by Minors
Our Services are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Data from individuals under 18.
Updates to this Privacy Notice
If we make any material changes in the way we use your personal information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on the Services and updating the effective date above. We will understand your continued use of our Website and/or Services or, alternatively, submission of any information through our Website following such changes to be your consent to the new practices and polices described in our updated policy.
As noted above, you may revoke your consent at any time by emailing us at email@example.com.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
Individuals in the EU and greater European Economic Area, please note that you may file a complaint with a supervisory authority in your relevant country or region regarding this notice and our data protection policies and practices.
We are responsible for the collection, use, and disclosure of your Personal Data under this Privacy Notice. To ask questions or comment about this Privacy Notice and our practices, please contact us at email@example.com.
Thalēs Trading Solutions LLC
Attention: Privacy Inquiries
540 Madison Avenue, 4th Floor
New York, NY 10022