Effective as of April 08, 2021
As a market data services and solutions provider Devexperts Inc., a company incorporated under the law of the State of Delaware, having its corporate office at: 525 Washington Blvd, Suite 2440, Jersey City, NJ 07310, registered number 4722932 (“We”, “Us”), 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.
This dxFeed.com Privacy Policy (“Policy”) governs the processing of Personal Information of users (“You”) provided whilst and in connection with surfing on dxFeed.com (https://dxfeed.com/) (“Site”) and contacting Us or Our Affiliate through the Site. By continuing using our Site You acknowledge that We may collect and process Your Personal Information since it is in our legitimate interest to develop and improve our Site, namely by operating and administering Our Site and providing You with content You access as well as all necessary functionality required for Your use of Our Site and services, and communicating with You regarding all Your requests.
Besides that, when You have entered into off-line dxFeed services provision agreements (“Agreement(s)”) with Us or Our Affiliate, the reference to the Privacy Policy incorporated into such Agreements is reference to this Policy and its special sections covering dxFeed services (“Services”) provision. By signing the Agreement You consent to this Policy. In the event of conflict of this Policy with the terms of the Agreement, the Agreement shall prevail.
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.
Data Protection
A. Collection and use your information
When surfing, ordering or registering on Our Site, using Live Chat, You may be asked to enter Your personal information (“Personal Information”). 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 a client to Our Services provision, We may use Your Personal Information for additional purposes.
The additional purposes for the Services provision are 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
We shall:
- 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 Services;
- 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 revocation of Your consent, at Your election, delete or return 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 personal information
From time to time, to the extent permitted by applicable law, We may share Your information with Our affiliate, Mies-van-der-Rohe-Straße 6, Highlight Tower 1, 80807 Munich, Germany, registered number HRB 231098 (the “Affiliate”), Service Providers (e.g. credit card processors, 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 Information) when performing functions on Our behalf (e.g., hosting or operating our services). We do not authorize these third party service providers to use Your information for purposes other than for which it has been provided, and do not authorize these third parties 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. Consents
If You are a client to Our Services provision, You shall comply with specific rules.
You shall comply with Clause D.1, if You act on behalf of an entity. If You are a natural person (being a client to Our Services provision), You shall comply with Clause D.2.
(1) You hereby warrant that all Data Subjects that shall be involved in Services acquirement and usage from Your side, have consented to their Personal Information being disclosed to Us, data originators, third party service providers or any auditors acting on behalf of the named above for Personal Information processing, including the further potential transfer to the aforementioned entities, in particular, in accordance with the data originators’, third party providers’ policies and the requirements of the regulatory authorities. Such Data Subject’s consent shall include the aforementioned entities’ right to review, receive and store Personal Information, where necessary for the purposes of verifying or ensuring compliance with Your obligations. In case You are involved in Services redistribution to Data Subjects and such Data Subject revokes his/her consent, You shall promptly inform Us and terminate the Services provision to such Data Subject.
(2) You hereby give Your consent to Us to process Your Personal Information. Subject to applicable law, You shall provide any further consent needed for Us, data originators, third party providers or any auditors acting on behalf of the named above, to review, receive and store Personal Information, where necessary for the purposes of ensuring compliance with Your obligations. You also consent the aforementioned entities are entitled to review, receive and store Personal Information, where necessary for the purposes of verifying or ensuring compliance with Your obligations.
E. 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 privacy@dxfeed.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 privacy@dxfeed.com. However, We feel obliged to warn You that Your setting of certain limitations of Your Personal Information processing by Us may cause Our inability to provide Services and sufficient help to You in its fullest scope.
F. 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.
If You acquire Services from Us, You have some additional obligations with respect to Your Personal Information provision to Us.
You shall also guarantee that:
- You comply with, and represent and warrant that You have complied with the Data Protection Laws in relation to the use of the Services by You (and Your Data Subjects (if applicable));
- You shall do and execute, or arrange to be done and executed, each act, document and thing necessary or desirable in order to comply with this Policy.
G. International transfers
We are an international company, Our Site and Services are United States-based and are primarily operated and managed on servers located and operated within the United States. In order to make Site available to You or to provide appropriate Services to You , We may send and store your Personal Information 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 Information. We are committed to protecting the privacy and confidentiality of Personal Information when it is transferred so, in spite of the data protection adequacy level of such countries, We shall only transfer Personal Information to such third party that: (i) has provided satisfactory assurances to Us that it will protect the Personal Information in accordance with this Policy and the applicable data protection legislation; and (ii) has a legal or contractual right to require such transfer.
H. 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 Data 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.
I. Children
Our Site is not intended for use by children. However, we comply with applicable legislation, Children’s Online Privacy Protection Act (COPPA) in particular, when it comes to the collection of personal information from children under the age of 13 years old to protect children’s privacy and safety online.
J. Definitions
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:
- Name;
- Surname;
- Email address;
- Telephone number;
- Username.
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.
In case of Our Services provisions to You the list of Personal Information may be enlarged.
The Personal Information necessary for Services provision includes any data identifying You and essential for fulfilment of Our obligations under the Agreement that You or Your representative provide to Us is as follows:
- Name;
- Email address;
- Telephone number;
- Mailing address;
- Company;
- Title;
- Business contact information;
- Employment, company officer or director, or shareholder status;
- Tax or National Identification Number;
- Payment information (e.g., bank account or credit card number);
- Username;
- Information related to your professional/non-professional status;
- Passport or government issued identification information (such as for security purposes when visiting Our facilities).
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.
6 As for Services provision, any capitalized terms not defined in this Clause H shall be defined as they are described under the Agreement.
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.
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. We promise not to spam Your e-mail box.
This also means You have the right to withdraw (opt out) Your consent, or to object to the processing of Your Personal Information 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 privacy@dxfeed.com at any time.
Contacts
If You wish to use any of Your rights stated above or You have any questions or complaints with regards to this Policy or Our data processing, please contact Us at privacy@dxfeed.com. Or You may use any other contacts which You may find here https://dxfeed.com/contact-us/. You may also contact Us in Our offices at:
Devexperts Inc.
525 Washington Blvd, Suite 2440, Jersey City,
NJ 07310, registered number 4722932, US
Phone: + 1 201 685-9280
Or at Our European branch:
dxFeed Solutions DE GmbH
Mies-van-der-Rohe-Straße 6, Highlight Tower 1, 80807 Munich, Germany
Phone: +49 89 999-520-20
If You think that Your inquiry is not answered properly, a binding arbitration option is available.
If You think that there has been a violation of Data Protection Laws, You may address the European Data Protection Authorities.