This California Privacy Notice (this “California Notice”) supplements the Privacy Notice and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”). Any terms defined in the CCPA and not defined here have the same meaning when used in this California Notice.
Collection and Use of Personal Information: We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal information. To the extent this data is stored or associated with personal information, it will be treated as personal information; otherwise, the data is not subject to this notice.
Use of Personal Information: We collect and process your personal information for our business purposes, which include the following:
Onboarding and trading activities
Communication about services for legal, regulatory and servicing purposes
Managing complaints, undertaking remediation activities and resolving queries
Monitoring communications to check your instructions to us, analyze and improve our services and for training and quality purposes
Undertaking checks for security, fraud prevention, anti-money laundering and verifying identity (both before providing services and when communicating to ensure we are dealing with the correct person)
Recovering debt and enforcing other obligations as our agreement entitles us, as well as to protect our rights and property interests
(If you ask us to) Providing payment initiation services for accounts you hold with other providers
Complying with regulatory and legal obligations and cooperating with regulators and law enforcement
Preparing high-level anonymized statistical reports. The information in these reports is never personal and you will not be identifiable from it. We may share these reports with service providers or we may use them for our own analytical purposes
Website related activities (e.g. dealing with enquiries, running analytics)
Marketing communications
Processing sensitive data to comply with regulatory and legal obligations and cooperate with regulators and law enforcement
We will not use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.
Sharing of Personal Information: We share personal information with the following categories of third parties:
Service Providers: : Your personal information may be disclosed, stored and / or transferred (or otherwise made available) to our affiliates, including DRW UK Partners LLP, DRW Investments (UK) Limited, DRW Singapore Pte. Ltd., Cumberland Global Limited and Cumberland Japan KK, and other third parties who provide services such as identification and background checks, cloud-based information hosting and maintenance, website hosting, record keeping, and analytics, and to exchanges, trading platforms and financial institutions.
Legal and Compliance: We and our service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable European, Canadian, Singapore, United States, or other law or legal process. Your personal information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
Sale of Business: Your personal information may be provided to third parties in connection with a business transaction, including a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Cumberland or as part of a corporate reorganization, or stock or asset sale, or other change in corporate control, including for the purpose of determining whether to proceed or continue with such transaction or business relationship.
Processing of Personal Information: Within the last twelve (12) months, we have collected, used, and shared personal information as follows:
Category of Personal Information Collected: Identifier
Examples: This California Privacy Notice (this “California Notice”) supplements the Privacy Notice and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”). Any terms defined in the CCPA and not defined here have the same meaning when used in this California Notice.
Collected: Yes
Sources of Collected Personal Information: You, Automatically or indirectly
Business / Commercial Purpose for Use: See sections: 1, 2, 3, 5, 6, 7, 8, 9, 11, 12 under “Use of Personal Information” above
Categories of Third Parties with Whom Personal Information is Shared: Service Providers, Legal and Compliance, Sale of Business
Category of Personal Information Collected: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Examples: Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Collected: Yes
Sources of Collected Personal Information: You, Automatically or indirectly
Business / Commercial Purpose for Use: See sections: 1, 2, 3, 4, 5, 6, 8, 9, 10, 12 under “Use of Personal Information” above
Categories of Third Parties with Whom Personal Information is Shared: Service Providers, Legal and Compliance, Sale of Business
Category of Personal Information Collected: Characteristics of protected classifications under California or federal law
Examples: Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected: Yes
Sources of Collected Personal Information: You, Automatically or indirectly
Business / Commercial Purpose for Use: See sections: 1, 5, 12 under “Use of Personal Information” above
Categories of Third Parties with Whom Personal Information is Shared: Service Providers, Legal and Compliance, Sale of Business
Category of Personal Information Collected: Commercial information
Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Collected: Yes
Sources of Collected Personal Information: You, Automatically or indirectly
Business / Commercial Purpose for Use: See sections: 1, 5, 8 under “Use of Personal Information” above
Categories of Third Parties with Whom Personal Information is Shared: Service Providers, Legal and Compliance, Sale of Business
Category of Personal Information Collected: Biometric information
Collected: No
Category of Personal Information Collected: Internet or other electronic network activity
Examples: Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.
Collected: Yes
Sources of Collected Personal Information: You, Automatically or indirectly
Business / Commercial Purpose for Use: See sections: 4, 10 under “Use of Personal Information” above
Categories of Third Parties with Whom Personal Information is Shared: Service Providers, Legal and Compliance, Sale of Business
Category of Personal Information Collected: Geolocation
Examples: Physical location of consumer/device.
Collected: Yes
Sources of Collected Personal Information: You, Automatically or indirectly
Business / Commercial Purpose for Use: See sections: 1, 5, 8, 12 under “Use of Personal Information” above
Categories of Third Parties with Whom Personal Information is Shared: Service Providers, Legal and Compliance, Sale of Business
Category of Personal Information Collected: Sensory Data
Collected: No
Category of Personal Information Collected: Professional or employment-related information
Examples: Current or past job history or performance evaluations.
Collected: Yes
Sources of Collected Personal Information: You, Automatically or indirectly
Business / Commercial Purpose for Use: See sections: 1, 5, 12 under “Use of Personal Information” above
Categories of Third Parties with Whom Personal Information is Shared: Service Providers, Legal and Compliance, Sale of Business
Category of Personal Information Collected: Non-Public Education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99)
Collected: No
Category of Personal Information Collected: Inferences drawn from any of the other personal information
Collected: No
Your California Privacy Rights
California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to [email protected], and are free of charge. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
The CCPA provides California residents with the following rights:
Right to Know: You have the right to request that we disclose to you certain information about our collection and use of your personal information over the past 12 months. This includes the following:
The categories of personal information we have collected about you;
The categories of sources from which we collected your personal information;
The categories of personal information that we have sold or disclosed about you for a business purpose;
The categories of third parties to whom your personal information was disclosed for a business purpose;
Our business or commercial purpose for collecting or selling your personal information; and
The specific pieces of personal information we have collected about you.
Data Portability: You have the right to request a copy of personal information we hold about you.
Right to Deletion: You have the right to request that we delete the personal information we have collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal information, we may deny your request or may retain certain elements of your personal information if it is necessary for us or our service providers to:
Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business.
Comply with a legal obligation.
Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
Right to Opt-Out: You have the right to opt-out of the sale of your personal information. However, we do not and will not sell your personal information.
Right to Non-Discrimination: We will not discriminate against you for choosing to exercise your rights under the CCPA. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Some of our products and services, however, may require your personal information. If you choose not to provide your personal information, you may not be able to use those products or services.
Submitting a Verified Consumer Request: In order to exercise your Right to Know, Data Portability, and Right to Delete, you must email us at [email protected] and provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.
Only you or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for Right to Know or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Given the sensitivity of your personal information that we collect and retain, we will need to verify your identity with at least 3 separate pieces of information such as name, address, account number, date of birth, last 4 of your Social Security Number, phone number, etc.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
Consumer Request by an Authorized Agent: If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to [email protected], along with all of the below items:
- To verify the authorization to request on behalf of a California resident, one or more of the following: 1) California Secretary of State authorization, 2) written permission from the California resident, or 3) power of attorney.
- Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
- To verify the identity of the California resident for whom the request is being made, provide the information set forth above to comply with the requirements for “Submitting a Verified Consumer Request”.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, if you do have an existing login, we will require you to log in to submit a request. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We will acknowledge receipt of the request within 10 days of its receipt. We will respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Sale of Personal Information: In the past 12 months we have not, and we will not, sell your personal information.
We do not and will not knowingly sell the personal information of minors under the age of 16 without affirmative authorization.
Do Not Track: We use analytics systems and providers that process personal information about your online activities over time on our Website, but not across third party websites or services. These systems and providers may provide some of this information to us. Our Website also recognizes “do not track” signals or similar mechanisms of most web browsers, and we will comply with such requests as required by law.
Modifications and Updates to this California Notice
We may update this California Notice from time to time to reflect changes to our privacy practices. We encourage you to periodically review this page for the latest information on our privacy practices, and any use of our Website after any updates constitute your acknowledgement that you have read the updated California Notice.
Additional Information and Assistance
If you have any questions or concerns about this California Notice and/or how we process personal information, please contact us by email at [email protected] or by mail at the following addresses:
540 West Madison Street
Suite 2500
Chicago, IL 60661
Last updated: January 1, 2020