Privacy Policy

Effective Date: 10/18/2016

This Privacy Policy applies to information that truePTS may collect about you in connection with your access and use of the truePTS website located at www.true-pts.com (the “Website”). In this Privacy Policy, “truePTS” refers to truePTS® LLC. truePTS offers certain services you may access through the Website (“Services”), including, but not limited to, trading and transaction services available to registered users on the truePTS platform (“Platform”), whether accessed through the Website, the truePTS API, or otherwise. Information collected in connection with Services may be governed by separate terms and conditions (“truePTS Terms”), such as truePTS Terms of Use, User License Agreements, truePTS Rules, and/or a Participation Agreement between truePTS and the institution at which you are employed or on whose behalf you will be accessing the Platform or other Services as agent (your “Institution”). To the extent that any of the truePTS Terms conflict with the terms and conditions in this Privacy Policy, the applicable truePTS Terms shall apply with respect to the relevant Service.

This Privacy Policy describes the type of information truePTS collects from the Website, and explains how truePTS gathers, uses, protects and shares it. Please read this Privacy Policy carefully and familiarize yourself with our privacy practices and procedures. Your continued use of the Website and Services constitutes your consent to the terms of this Privacy Policy and any updates. If you do not agree to this Privacy Policy, please do not use the Website.

1. Types of Information

This section describes the various kinds of information that truePTS may collect and store as a result of your access and use of the Website.

a. Personal Information. While it is not necessary to register in order to visit the Website, some of the Services available through the Website may require you to be a registered user. In connection with the registration process, you or your Institution may need to provide certain Personal Information about yourself. “Personal Information” is any information that may be used to individually identify or personally contact you. Your Personal Information may include, but is not limited to, your name, employer, job title, email address, mailing address, phone number, confidential password, and other identifying information you or your Institution may provide to truePTS.

Personal Information will be collected and stored for purposes that include administering your access and use of any truePTS Services for which you are registered, securely identifying you when you log in to a Service, delivering Service-related notifications, providing customer support, and complying with applicable laws and regulations. truePTS may also use this information to occasionally contact you regarding truePTS products and services that may be of interest to you. If you decide, at any time, that you no longer want to receive any such marketing or promotional information, truePTS provides you with the ability to “opt out” by contacting us directly at legal@trueex.com.

b. Non-Personal Information. truePTS also collects Non-Personal Information through your access and use of the Website. “Non-Personal Information” is any information that is anonymized, aggregated or otherwise presented in a way that does not allow individual identification of a user, or is not directly associated with a specific individual. Non-Personal Information is collected from both registered truePTS users and non-registered visitors to the Website. Such information is automatically captured whenever you visit the Website, and may include your Internet Protocol (“IP”) address (except to the extent that IP addresses are considered Personal Information under local law), your browser type, and any webpage that referred you to our Website. We may also store general usage and activity data, such as the date and duration of your visit, and your navigation of the Website. This type of data is used for the technical administration of the Website, to monitor and improve Website and Service performance, and to perform statistical analysis that helps us enhance the user experience and provide you with higher levels of customer service.

To the extent that any Non-Personal Information is combined with Personal Information, it will be considered Personal Information for purposes of this Privacy Policy.

c. Information from Cookies. truePTS may collect additional information through the use of “cookies,” which are small data files placed on your computer’s hard drive to assign an identification code to your computer. truePTS may use cookies and other web technologies for reasons including, but not limited to, identifying a registered user who logs in to any truePTS Service through the Website, saving a registered user’s name and login password for future logins, enabling certain customized features, and storing your user preferences. We may also use cookies to collect aggregated user information that truePTS utilizes to improve the general operation of its Website and Services. You may set your computer’s browser preferences to remove and disable cookies. But please note that some features of the Platform may not be accessible or operate properly if you disable your cookies.

2. Sharing and Transferring Information

This section describes how truePTS shares or transfers the Personal and Non-Personal Information it collects about you, as well as your ability to control how your information is shared with others.

a. Personal Information. Except as provided in this Privacy Policy, truePTS will not disclose, transfer, sell, trade, rent, or otherwise provide your Personal Information to any third party, without your consent.

b. Aggregated Data. truePTS may share aggregated, non-personally identifying information, log data and usage statistics with third parties for purposes including but not limited to demographic, industry and marketing analysis, and the formation of business relationships.

c. Service Providers. truePTS may use third party contractors to provide certain Website related services, such as maintenance services, hosting services or development services. truePTS may provide your Personal Information only to the extent necessary for such third party service providers to perform the duties for which it has been retained by truePTS. Any such third parties will be bound to strict confidentiality and use obligations with respect to your Personal Information, which are no less protective than those set out in this Privacy Policy.

d. Employers. If you are accessing any Service offered through the Website as a registered user of an Institution, truePTS is permitted to provide your Institution with any and all of your information, including but not limited to your Personal Information, access information and usage data.

e. Legal and Contractual Compliance. truePTS may disclose your information to government or law enforcement officials, regulatory agencies or other third parties (such as attorneys or regulatory service providers), as necessary (in our sole discretion) to (i) comply with applicable laws or regulations, (ii) cooperate with governmental or law enforcement investigations, (iii) respond to legal claims or processes, (iv) protect the safety and legal rights of the public or any individual, (v) detect, prevent or remedy any suspected fraud, market manipulation or illegal, tortious or wrongful activity; or (vi) enforce applicable truePTS Terms to which you are bound.

f. Business Transfers. If truePTS is acquired by, acquires or is merged with another company, truePTS may transfer Personal and Non-Personal Information about you to such company. In the event of such a business transfer, your information will remain subject to this Privacy Policy. truePTS will notify you if your information is subject to a business transfer and becomes subject to the other company’s privacy policy.

g. Third Party Websites and External Links. Our Website may contain links to websites with which we have no affiliation or relationship. When you click on such links, you may leave our Website and be directed to the third parties’ websites. Except as provided in this Privacy Policy, we will not share any of your Personal Information with these websites; however, these websites may themselves collect Personal Information about you. truePTS is not, and will not be, responsible for the privacy practices or security of any such websites, and we urge you to read their privacy policies carefully.

Under California law, website operators are required to disclose how they respond to web browser “Do Not Track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information of a consumer over time and across third party websites, to the extent the operator engages in that collection. At this time, truePTS does not track your Personal Information over time and across third-party websites.

3. Accessing and Managing Your Personal Information

You are not required to provide truePTS with any Personal Information. However, certain truePTS Services and Website functionalities may not be available to you unless some Personal Information is provided by you, or by your Institution on your behalf. If you wish to review, update or correct any of your Personal Information, or “opt out” from any Website functionalities, you may contact us at legal@trueex.com. If you are a registered user of any truePTS Services, you may make changes, additions or deletions to both Personal and Non-Personal Information, such as updating your user preferences, by logging onto your user account.

If you are submitting Personal Information as an administrator, on behalf of registered users at your Institution, you represent that you have full authorization to provide this information to truePTS.

4. Securing Your Information

truePTS makes it a priority to protect your Personal Information. While no method of Internet transmission or electronic storage guarantees absolute protection, and truePTS provides no warranties, express or implied, that we can prevent unauthorized access to your Personal Information, we do employ a variety of reasonable security measures designed to guard against unauthorized access or use of your Personal Information. Such measures include physical and administrative security measures, strong authentication procedures and strict password protection, utilizing encryption software, transmitting your Personal Information over secure channels, and conducting penetration tests. In the event of any security breaches, we will make legally required disclosures to you via email or by providing notice on the Website.

5. Children

The Website is not intended for children under eighteen (18) years of age. truePTS 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.

6. Changes to Our Privacy Policy

This Privacy Policy may be revised from time to time. Please visit this section of the Website periodically to check for changes and updates to the Privacy Policy. We will post a copy of any revised Privacy Policy on the Website fifteen (15) days prior to its becoming effective. By continuing to access and use the Website and/or any Service after such fifteen-day notice period, you agree to be bound by the terms of the revised Privacy Policy.

7. Contact Us

If you have questions or comments about our privacy practices, please contact us via email at legal@trueex.com.