Please note that information gathered in connection with any services provided via the Site may be governed by separate terms and conditions including, but not limited to, Schedule (B) ("NYMEX ClearPort® Clearing Services") of the Exchange User License Agreement and the Exchange Rules (collectively referred to herein as "Other Terms"). In the event that you receive such services, you agree that those Other Terms shall supercede any conflicting terms contained in this Policy.
COLLECTION OF INFORMATION
In order to better serve your particular needs, the Exchange (and third parties working on the Exchange's behalf) may collect information from you while visiting our Site. Some of this information is collected automatically through various methods including, but not limited to cookies. The Exchange may also obtain information directly from you and, depending upon the nature of transactions you may conduct, from third party sources.We also collect anonymous information, which does not personally identify you, when you visit our Site. The anonymous information includes the pages you view on our Site, the search terms you enter into our search utility, your IP address and the operating system, browser software and Internet service provider you use.
We may use the standard "cookie" feature of major browser applications and other data capture mechanisms that allow us to store data about your visit. Cookies help us learn which areas of our site are useful and which areas need improvement. You may configure your browser to prevent cookies from being set on your computer. If you do so, you may still view most of the Site, although you may not be able to enjoy all of our services.
Personally Identifiable Information
In addition to the information automatically collected when you visit our Site, the Exchange collects personally identifiable information directly from you and, in some circumstances, from those individuals and/or entities you may authorize to act on your behalf. In addition, we may collect other required information in order to provide you with services tailored to your particular needs. The information we collect will vary depending upon the information, service, function or process you select. For example, you may be required to provide your name, address, birth date, phone number, credit card data, the last four digits of your social security number and your e-mail address in order to register for certain services. By learning a little about you, the Exchange delivers more relevant content and product offerings and thus offers you better services.
The Exchange may also collect personally identifiable information by monitoring the Site for the Exchange's own purposes (including, without limitation, for purposes of maintaining the functional and operational integrity of the Site and for purposes of complying with applicable laws and regulations), and not for your benefit. The Exchange reserves the right to cooperate fully with state, local, federal, and international legal, governmental and regulatory entities, authorities and officials in any investigation or governmental, legal or regulatory proceeding relating to any information collected and/or Site content (including personal or private electronic communication transmitted via the Site) or to any purported unlawful activities of any Site visitor.
With the exception of the educational resources contained on the Site, the Site is not intended for children under eighteen (18) years of age. The Exchange does not market any products or services to children under eighteen (18) years of age or knowingly collect any information from children under eighteen (18) years of age.
Postings by visitors on any message board or in any chat room (other than instant messaging conversations facilitated by the Exchange) will not be protected as confidential. The Exchange may use any such postings on the Site, any content thereof, and any information derived from any such postings (including any ideas, concepts, know-how or other intellectual property) ("Postings") and may provide such Postings to any of its parent companies, subsidiaries, affiliates, or others, for any purpose whatsoever, as deemed appropriate in the sole discretion of the Exchange.
The Exchange is under no obligation to review any Postings and assumes no responsibility or liability relating to any Postings. Nonetheless, the Exchange may from time to time monitor the Postings on the Site and may remove and/or decline to accept (i) any Postings that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law; (ii) advertisements or solicitations of any kind; (iii) messages posted by visitors impersonating others; (iv) personal information, such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references; (v) messages by non-spokesperson employees of the Exchange purporting to speak on behalf of the Exchange; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) multiple messages placed within individual folders by the same visitor restating the same point; and (viii) chain letters of any kind.
USE OF INFORMATION BY THE EXCHANGE
We use the personally identifiable information we collect from our Site directly from you or from those individuals and/or entities you may authorize to act on your behalf for : (i) authenticating and verifying authorized use of our Site and services (ii) supply of information; (iii) processing, implementing and administering agreements for the supply of the Information; and (iv) complying with our regulatory obligations. We do not use personally identifiable information for another purpose without the requisite consent.
We use the anonymous information we collect from our Site to administer our Site, improve our services, determine how our Site is being used, identify popular areas of our Site and analyze trends and usage patterns. We may use your IP address to help diagnose problems with our server. The information you submit to us either via our Site (e.g. by completing our on-line forms) or via e-mail may be used to provide you with the response or services you have requested. It may also be used, together with the information we collect via various methods such as cookies, to identify you as a particular user. Additionally, your information may be used in aggregate, statistical form to track and measure Site usage including, but not limited to, customer/user preferences, interests, demographics, and traffic patterns; and to determine trading volumes, audience size and repeated usage. We may then use such data, together with information collected from other users, to manage and customize our Site's content, layout, and services in order to improve our Site, enhance customer service, and provide tailored messages. Furthermore, we may use the information we collect from you to contact you about our products and services. Please see the section below entitled "CONTACT US" for instructions relating to opting out of such use.
THIRD PARTY ACCESS TO INFORMATION
In order to better serve your particular needs, the Exchange and certain companies and individuals working on the Exchange's behalf will have access to all or a portion of the various types of Site visitor information we may collect. When we share access to personal information with companies or individuals working on the Exchange's behalf, we generally endeavor to protect such personal information by requiring those parties to enter into an agreement with the Exchange to safeguard the confidentiality of personal information. We may also disclose information about the use of our Site in aggregate, statistical form.
As permitted by law, the information we collect, including personally identifiable information, may also be disclosed to third parties if the Exchange, in its sole discretion, believes disclosure is necessary to comply with legal or regulatory processes or requests or to protect the rights, property, or personal safety of the Exchange, its affiliates, and/or the respective customers, members, directors, officers, employees, agents, and representatives of the Exchange and its affiliates; other Site users; and/or the public.
We may also give information about you, such as your name and address, to persons or organizations that may wish to provide you with information about their products or services. These organizations may include affiliates of the Exchange. Please see the section below entitled "CONTACT US" for instructions relating to opting out of such use.
YOUR ACCESS TO INFORMATION
You may request from us certain information about you including, but not limited to, any information you have provided to us upon registration for various services. Requests should be sent to email@example.com
We use a secure server and security protocol to safeguard information we collect from you. To help ensure the security of your personal and financial information that you submit to us via our Site (other than via an e-mail message), we use security software to encrypt the information before and during its transmission through the Internet. We allow information to be submitted for transmission only if your browser is compatible with our security software. If your browser is not compatible, you will receive a message indicating your transaction cannot be completed because of the security risk.
E-mail messages are not secure. Our security software does not encrypt e-mail messages. Please keep in mind that transmitting information via the Internet is never completely secure and that, therefore, any information submitted may be intercepted, viewed, collected, used, altered, copied or disclosed by others. We are not responsible for the security or confidentiality of communications you send to us (or that we send to you) through the Internet using e-mail messages. As such, users must immediately change any initial passwords provided by the Exchange pursuant to any services provided via the Site.
We take seriously the issue of safeguarding your privacy online. However, please note that you should exercise discretion with respect to the submission of any personal or financial information. We encourage customers either to send confidential correspondence through the postal service or to telephone our employees directly.
LINKS TO OTHER WEB SITES
This Site contains links to Web sites of third parties. Please note that when you click on one of these links, you will be accessing a Web site the Exchange does not control and which may be governed by privacy policies and practices that differ from ours. The Exchange is not, and will not be, responsible for the privacy policies or practices of third parties or the content or security of any third party Web sites.
We have legal obligations, under the Data Protection Act 1998, to collect any data that you provide to us fairly. Each time you provide us with personal data, We will let you know how we intend to use it (if not in accordance with this Private Policy) and whether we will pass the information on to a third party. We will hold your personal information securely and will only maintain a record of your information in circumstances where you have provided us with your consent.
As part of our normal operations and in order to better serve your particular needs, we may utilize your personal data over and above the purpose of performing under the Customer Connection Agreement or complying with its statutory requirements. An 'opt-out' option will appear each time.
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