EU PRIVACY POLICY 

Quantitative Brokers, LLC (the “QB”, “We” or “Us”) is committed to protecting your privacy and maintaining the confidentiality and security of your personal data.  Any personal information processed by QB is controlled by QB, and QB is the data controller of your personal data. 

Our identity and contact details

We are:

Quantitative Brokers LLC
285 Madison Ave, Suite 1700
New York, NY 10017
United States of America

Tel. +1 646 293 1800

E-Mail compliance@quantitativebrokers.com

Categories of data QB collects

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

QB may collect, use, store and transfer different categories of personal data as follows:

1.     Identity data which includes first name, last name, marital status, title, date of birth or gender;

2.     Contact data which includes billing and delivery address, email address and telephone number;

3.     Technical data which includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access QB’s website; and

4.     Marketing and communication data which includes your preferences in receiving marketing communications from us and our third parties and your communication preferences.

If you fail to provide your personal data

Where QB needs to collect personal data by law and you fail to provide that personal data when requested, QB may not be able to keep you up to date with any information on QB’s services.

The provision of your Personal Data is necessary to access the protected areas of this website which is limited to members of our customer groups, to make direct contact with Us, or to receive a newsletter. This means that you are obliged to provide your Personal Data to Us as part of a user registration process when making use of these options. Such Personal Data remain under your control at all times via the “My Profile” facility. Your user account can be viewed or modified at any time by you, the account owner.

The consequences if you do not provide your Personal Data to Us are that the respective services offered may no longer be available.

Automated decisions

We do not make any automated decisions solely on automatic processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

Collection of your personal data

QB collects your personal data from the following sources, as applicable:

1.     Information provided by the Client in writing, in person, by telephone, electronically or by any other means (this information includes (i) name, address, income, financial and investment qualifications, and tax-related information and (ii) in the case of individuals, birth date, nationality, passport or other identification number, and employment information, or in the case of entities, date and jurisdiction of formation, entity type, tax identification number, and business information);

2.     Transactions; and

3.     Other interactions with QB (for example, discussions with our staff or third parties).

Why We Use your personal data

Your personal data may be processed by QB (or any of its affiliates, agents, employees, delegates or sub-contractors) for the following purposes, as applicable:

1.     to facilitate investment services for you (the “Services”) which are necessary to fulfill all contractual and regulatory obligations related to your trading activities;

2.     in order to carry out anti-money laundering checks and related actions which QB considers appropriate or necessary to fulfill any of our legal obligations on an ongoing basis: (i) with respect to the prevention and/or detection of fraud, money laundering, terrorist financing, bribery, corruption, and/or tax evasion; and (ii) to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, all of the foregoing in accordance with QB’s anti-money laundering policies and procedures;

3.     to comply with their legal obligations and, in particular, to report tax-related information to tax authorities;

4.     to disclose information to other third parties such as service providers of QB (including, for example, attorneys, accountants, auditors, or other professionals), regulatory authorities and technology providers in order to comply with any legal obligation imposed on QB or in order to pursue the legitimate interests of QB;

5.     to monitor and record electronic communications and if applicable, calls, for any of the purposes specified herein; and/or

6.     to otherwise pursue the legitimate interests of QB.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Countries Having Access to your personal data

QB’s servers, which store and keep your personal data, are located in the United States.

QB also has service providers whose personnel will have access to your personal data which are located in other jurisdictions.  Transfers to these service providers are necessary for the performance of the contract between QB and the Client.  These jurisdictions either: (i) afford an adequate level of protection for your personal data (as declared by the European Commission); or (ii) if they do not, then QB has entered into an agreement with these service providers incorporating the model contractual clauses, as well as other relevant provisions contained in the GDPR, and obligations no less onerous than those contained in this EU Privacy Policy.

Collecting Client personal data legally

QB is able to legally collect and use your personal data because:

1.     you have consented to their doing so (Article 6(1)(a) of the GDPR);

2.     collecting and using your personal data is necessary for QB to fulfill their legitimate business interests, which may include: (i) to fulfill contractual obligations or otherwise perform the Services; or (ii) to investigate, defend against, or prosecute any actual, threatened, or potential claim in a court of law or other judicial or regulatory forum, or otherwise protect their legal rights (Article 6(1)(f));

3.     it is necessary for the performance of a contract to which the Client is a party or in order to take steps at the request of the Client prior to entering into a contract (Article 6(1)(b)); or

4.     it is necessary to comply with any applicable regulatory, judicial or other legal obligations applicable to QB (Article 6(1)(c)).

Who else may have access to your personal data

To best serve you, QB may share your personal data with service providers that provide support services to us. Service providers are third parties who perform services on our behalf. They are contractually restricted from using your data in any manner other than in helping us to provide you with the services available from QB.

QB may also disclose your personal data to a third party:

1.     when you ask us to do so;

2.     where it is required by law or any regulatory obligation; or

3.     in the event that we sell or buy any business assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

QB requires all third parties to respect the security of your personal data and to treat it in accordance with the law. QB does not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specific purposes and in accordance with our instructions.

Retention of Client Information

QB will retain your personal data for as long as required for the purposes for which your personal data was collected. QB may retain your personal data for longer periods of time in the event of a complaint, to satisfy a legal requirement or if QB reasonably believes there is a prospect of litigation in respect of its relationship with you.

Your Rights

You have the right to:

1.     access your personal data (commonly known as a “data subject access request”) and be informed about your personal data that QB collects from you, uses, and retains, which this Privacy Policy seeks to do;

2.     obtain confirmation from QB that your personal data is being collected, used, and retained as described above and to access your personal data held by QB;

3.     have your personal data corrected if it is inaccurate or incomplete at any time;

4.     erasure, or the right to be forgotten, which means you can request deletion or removal of any of your personal data QB holds about you at any time, subject to QB’s rights to retain your personal data as provided for under the GDPR. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;

5.     object to processing of your personal data where QB is relying on a legitimate interest and there is something about your particular situation which makes you want to object to the processing on this ground as you feel it impacts your fundamental rights and freedoms. You also have the right to object where QB processes your personal data for direct marketing purposes;

6.     block or suppress QB collecting and using your personal data, which means QB can continue to store your personal data but cannot further collect or use it in any way;

7.     obtain and reuse any of your personal data that QB holds about you for your own purposes across different services, which allows you to move, copy or transfer your personal data easily from QB to another place identified by you to QB in a safe and secure way without hindrance to the usability of your personal data; and

8.     withdraw your consent to the use of your personal data at any time, as described below.

To make any requests as listed above, please contact QB at compliance@quantitativebrokers.com.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or if additional copies of your personal data are requested. Alternatively, QB may refuse to comply with your request in these circumstances.

QB will respond to requests relating to your rights above within one month of receipt of your request, or within two months of receipt of your request where this request is more complex. QB may need to request specific data from you to help confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that your personal data is not disclosed to any other person who has no right to receive it. QB may also contact you to ask you for further information in relation to your request to speed up its response to you.

Withdrawal of Your Consent

You can tell QB to stop collecting, using and retaining your personal data at any time by emailing QB at compliance@quantitativebrokers.com.  You should note that notwithstanding your withdrawal of consent, QB may be legally required to retain some or all of your personal data.

Where QB requires your personal data to comply with AML or other legal requirements, failure to provide this information will mean that you will be unable to be accepted as a Client. 

Protection of your personal data

QB maintains appropriate technical and organizational measures to ensure a level of security appropriate to potential risks, including physical, electronic and procedural safeguards that comply with the GDPR to protect customer information, including:

1.     the pseudonymization and encryption of your personal data where appropriate;

2.     ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services;

3.     ensuring QB can restore access to your personal data in a timely manner if a physical or technical incident occurs; and

4.     regular testing, assessment and evaluation of the effectiveness of its technical and organizational measures to attempt to ensure your personal data is secure.

QB restricts access to the personal and account information of Clients to those employees who need to know that information in the course of their job responsibilities.  QB will destroy, erase or make unreadable data, computer files and documents containing your personal data that is non-public prior to disposal.

CONTACT DETAILS

You have the right to make a complaint at any time to a national supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach an authority and therefore would be grateful if you would please contact us in the first instance.
 

Date of Policy:  October 2020