General Privacy Principles
Like most industries today, the financial services industry is rapidly being shaped by technology, which is literally changing the way we do business. 280 CapMarkets LLC along with our affiliates (together “280”), strives to ensure that our customers are confident that we will manage their financial affairs and personal information expertly and confidently. To deliver these products and services as effectively and conveniently as possible, it is essential that we use technology to manage and maintain certain customer information. We want to assure our customers that whenever such information is used, it is done with discretion. The safeguarding of customer information is an issue we take seriously at 280. To affirm our continuing commitment to the proper use of customer information, we have set forth the following Privacy Principles.
- Recognition of a Customer’s Expectation of Privacy: We believe the confidentiality and protection of customer information is one of our fundamental responsibilities. And while information is critical to providing quality service, we recognize that one of our most important assets is our customers’ trust. Thus, the safekeeping of customer information is a priority for us.
- Use, Collection, and Retention of Customer Information: We collect information from our customers, including information in forms and applications, information on the customer’s transactions and information from consumer reporting agencies. 280 limits the use, collection, and retention of customer information to what we believe is necessary or useful to conduct our business, comply with laws and regulations, provide quality services, and offer products, services, and other opportunities that may be of interest to our customers. Information collected may include but is not limited to: name, address, tax identification number, employment status, investment objectives, risk tolerance, financial information, and information regarding prior transactions.
- Maintenance of Accurate Information: 280 recognizes that it must maintain accurate customer records. Therefore, we have established procedures to maintain the accuracy of customer information and to keep such information current and complete. These procedures include responding to requests to correct inaccurate information in a timely manner.
- Limiting Employee Access to Information: Employee access to personally identifiable customer information is limited to those with a business reason to know such information. Employees are educated on the importance of maintaining the confidentiality of customer information and on those Privacy Principles. Because of the importance of these issues, all employees are responsible for maintaining the confidentiality of customer information and employees who violate these Privacy Principles will be subject to disciplinary measures up to and including termination of employment.
- Protection of Information via Established Security Procedures: We recognize that a fundamental element of maintaining effective customer privacy procedures is to provide reasonable protection against the unauthorized access to customer information. Therefore, we have established appropriate security standards and procedures to guard against any unauthorized access to customer information.
- Sharing of Information to Unaffiliated Third Parties: 280 will only share customer information with unaffiliated companies that assist us in providing our products and services to our customers; in the normal course of our business (for example, with clearing firms and custodians, consumer reporting agencies and government agencies); when legally required or permitted in connection with fraud investigations and litigation; in connection with acquisitions and sales; and at the request or with the permission of a customer.
- Maintaining Customer Privacy in Business Relationships with Third Parties: If we provide personally identifiable customer information to a third party with which we have a business relationship, we will insist that the third party keep such information confidential, consistent with the conduct of our business relationship.
- Disclosure of Privacy Principles to Customers: 280 recognizes and respects the privacy expectations of our customers. We want our customers to understand our commitment to privacy in our use of customer information. As a result of our commitment, we have developed these Privacy Principles. Customers who have questions about these Privacy Principles or have a question about the privacy of their customer information can call us at (628) 231-2392. These Privacy Principles apply to individuals, and we reserve the right to change these Privacy Principles, and any of the policies or procedures described above, at any time without prior notice. These Privacy Principles are for general guidance and do not constitute a contract or create legal rights and do not modify or amend any agreements we have with our customers.
Definitions and interpretation
collectively all information that you submit to 280 CapMarkets LLC via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to Regulation S-P, Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
the General Data Protection Regulation (EU) 2016/679;
280 CapMarkets LLC, or us
280 CapMarkets LLC, a company incorporated in Delaware with registered address of 575 Market St whose registered office is at San Francisco, CA , United States of America, 94105;
UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you
any third party that accesses the Website and is not either (i) employed by 280 CapMarkets LLC and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to 280 CapMarkets LLC and accessing the Website in connection with the provision of such services; and
the website that you are currently using, www.280capmarkets.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
a. the singular includes the plural and vice versa;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. “including” is understood to mean “including without limitation”;
e. reference to any statutory provision includes any modification or amendment of it;
4. For purposes of the applicable Data Protection Laws, 280 CapMarkets LLC is the “data controller”. This means that 280 CapMarkets LLC determines the purposes for which, and the manner in which, your Data is processed.
5. We may collect the following Data, which includes personal Data, from you:
b. contact Information such as email addresses and telephone numbers;
c. demographic information such as postcode, preferences and interests;
d. financial information such as credit / debit card numbers;
e. IP address (automatically collected);
f. web browser type and version (automatically collected);
g. operating system (automatically collected);
h. a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
How we collect Data
6. We collect Data in the following ways:
a. data is given to us by you;
b. data is received from other sources; and
c. data is collected automatically.
Data that is given to us by you
7. 280 CapMarkets LLC will collect your Data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, e-mail or through any other means;
b. when you register with us and set up an account to receive our products/services;
c. when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
d. when you enter a competition or promotion through a social media channel;
e. when you elect to receive marketing communications from us;
f. when you use our services;
Data that is received from third parties
8. 280 CapMarkets LLC will receive Data about you from the following third parties: None
Data that is received from publicly available third parties sources
9. We will receive Data about you from the following publicly available third party sources: None
Data that is collected automatically
10. To the extent that you access the Website, we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.
Our use of Data
11. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. improvement of our products / services;
c. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
12. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
13. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
14. We may use your Data to show you 280 CapMarkets LLC adverts and other content on other websites. If you do not want us to use your data to show you 280 CapMarkets LLC adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed “Cookies” below).
Who we share Data with
15. We may share your Data with the following groups of people for the following reasons:
a. any of our group companies or affiliates – to ensure proper administration of the website and related products and services;
b. our employees, agents and/or professional advisors – to optimize the user experience;
Keeping Data secure
16. We will use technical and organisational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a user name that is unique to you.
b. we store your Data on secure servers.
c. payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.
17. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: firstname.lastname@example.org.
18. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org.
20. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
21. You have the following rights in relation to your Data:
a. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase – the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
e. Right to data portability – the right to request that we move, copy or transfer your Data.
f. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
22. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: email@example.com.
23. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority.
24. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
Changes of business ownership and control
27. We may also disclose Data to a prospective purchaser of our business or any part of it.
28. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
30. All Cookies used by this Website are used in accordance with current US, UK and EU Cookie Law.
31. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling 280 CapMarkets LLC to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
32. This Website may place the following Cookies:
Type of Cookies
Strictly necessary cookies
These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
33. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
34. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
35. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
36. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
39. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
You may contact 280 CapMarkets LLC by email at firstname.lastname@example.org.
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.
We use the following strictly necessary cookies:
Strictly Necessary Cookies are necessary for our Website to provide you with a full service. If you disable them, certain essential features of the Website will not be available to you and the performance of the Website will be impeded.
We use the following analytical/performance cookies:
‘Performance’ Cookies collect information about how you use our Website, for example which pages you visit and if you experience any errors. These Cookies don’t collect any information that could identify you – all the information collected is anonymous. We may use these Cookies to help us understand how you use the website and assess how well the Website performs and how we could improve it for you. We may also use such Cookies to discover which parts of the Website interest you and measure how effective our advertising is.
We use the following functionality cookies:
‘Functionality’ Cookies enable a website to provide you with specific services or a customized experience. We may use these Cookies to provide you with services such as watching a video or adding user comments. We may also use such Cookies to remember changes you make to your settings or preferences (for example, changes to text size or your choice of language or region) or offer you time-saving or personalized features. You can control whether or not Functionality Cookies are used, but disabling them may mean we are unable to provide you with some services or features of the Website.
We use the following targeting cookies:
‘Targeting’ or ‘Advertising’ Cookies enable a website to show you relevant advertising or facilitate your use of third party services. We may use these Cookies to provide information about your Website visit to advertisers, so that they can show you adverts more relevant to your interests, limit the number of times you see the same advert and measure the effectiveness of their advertising. We may also use such Cookies to make it easier for you to ‘like’ or ‘share’ Website content through your social network(s). The social networking websites may subsequently use information about your visit to target advertising to you on those websites. Please see their website terms and policies for further information on such use. You can control whether or not Targeting or Advertising Cookies are used, but disabling them may mean we are unable to provide you with some services or features of the Website