Privacy Policy

Digitonic Ltd and its affiliates (collectively referred to as “Digitonic” “we”, “us” or “our”) respects your privacy and is committed to protecting your personal data. This privacy and cookie notice (“Privacy Notice”) will inform you as to how we look after your personal data, tells you about your privacy rights and how the law protects you when you visit our website at www.valuethemarkets.com (“Site”).

The following definitions are also used in this Privacy Notice:

• Individual: means a person who registers on our Site

• User: means any person accessing our Site

Topics covered in this Privacy Notice

1. Important information and who we are

2. The data we collect about you

3. How your personal data is collected

4. How we use your personal data

5. Disclosures of your personal data

6. International transfers

7. Data security

8. Data retention

9. Your legal rights

10. Choice of Law, Mandatory and Binding Arbitration Clause for Resolution of Disputes

11. Class-Action Waiver

12. Miscellaneous

1. Important information and who we are

Purpose of this Privacy Notice

This Privacy Notice aims to give you information on how we collect and process your personal data through your use of our Site.

The Site is not intended for children and we do not knowingly collect data relating to children.

Controller

In relation to the provision of our Site, Digitonic is the controller and responsible for your personal data.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights set out below, you can contact the data privacy manager by using the contact details set out below.

Contact details

Our full details are:

Digitonic Ltd (UK Company Number: SC397173)

Name or title of data privacy manager: Grant Fraser

Email address: [email protected]

Registered address: 4th Floor Forsyth House, 5 Renfield Street, Glasgow, Scotland, G2 5EZ.

You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the Privacy Notice and your duty to inform us of changes

This version was last updated on 10th June 2021.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. You can update your contact details by emailing us at [email protected].

We reserve the right to change this privacy policy from time to time by changing it on the Site and by emailing you.

Third-party links

Our Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

Personal data, or personal information, 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”). We may check the details you provide with fraud prevention agencies and share your information with them if we suspect fraud. It is important that you do not provide false, inaccurate information or impersonate another individual.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Contact Data (Identifiers)is the information provided about you when forms on our Site are completed, including information provided to create an account and log-in details usually including name, telephone number, and email address.

• Technical Data (Geolocation and Internet Activity) includes internet protocol (IP) address, your login data, 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 the Site.

• Usage Data (Commercial and Internet Activity)includes information about how you use our Site, for example what products you have downloaded from our Site.

• Marketing and Communications Data (Inferences)includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Anonymised data for research and analysis

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you and is therefore no longer personal data) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of Users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

Special Categories of Personal Data

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). We also do not we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with certain products). In this case, we may have to cancel delivery of product to you but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Contact Data by filling in forms, providing documentation or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  •  create an account to use our Site;

  •  use our Site;

  •  request marketing such as a newsletter to be sent to you; or

  •  ask us a question or give us some feedback.

• Automated technologies or interactions. As you interact with our Site, we may automatically collect Usage and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies as set out in the cookies section below.

• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

• Technical Data from analytics providers and search information providers (e.g. Google analytics).

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you for the Site and which involves your accessing the Site.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us or, for example, by opting out of our newsletters.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so in the EEA. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Contact, Technical, Usage, and Marketing and Communication Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and offers may be relevant for you and send to you through our marketing messages.

You will receive a maximum of 5 marketing messages per week from ValueTheMarkets.com if you have opted in to receiving information from us. Message and Data rates may apply. ValueTheMarkets.com and mobile carriers are not liable for delayed or undelivered messages.

Opting out

You can ask us to stop sending you marketing messages at any time by emailing us on [email protected], calling us toll-free on 1-800-680-4105, in the case of SMS replying STOP after any message you receive, or otherwise by following the unsubscribe instructions in the communication. You will be removed from our marketing list immediately.

Cookies

Cookies are small text files of information stored on your computer when you visit certain webpages. The cookie may contain a unique identifier but it does not contain personally identifiable information such as your name or email address. This information may be analysed by third parties on our behalf, but is not sold on to anyone else.

We use the following types of cookies:

• Session cookies: these last only for the duration of your visit and are deleted when you close your browser. These facilitate various tasks such as allowing a website to identify that a User of a particular device is navigating from page to page, supporting website security or basic functionality. Many of the cookies we use are session cookies. For example, they help us to ensure the security of session, and can also keep you logged in while you move between pages.

• Persistent cookies: these last after you have closed your browser, and allow a website to remember your actions and preferences. Sometimes persistent cookies are used by websites to provide targeted advertising based upon the browsing history of the device. We do not use Persistent Cookies except those within Google Analytics (although all data in Google Analytics is aggregated and anonymised).

• First and third party cookies:whether a cookie is a first or third party cookie depends on which website the cookie comes from. First party cookies are those set by or on behalf of the website visited. All other cookies are third party cookies. We use both first party and third party cookies.

• Domain cookie: a domain cookie is used by a web application to store information related to your preferences to enhance your user journey. No information is held specific to any customer. The data relates to how the customer views the site. This is not a third party cookie.

What we use cookies for:

• We may use cookies to keep track of your preferences and profile information, to send you more relevant information related to your use of the Site. Cookies are also used to collect general usage and volume statistical information that does not include personal information. We use a third party provider to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about visitors to our Site. Users can control the use of cookies at the individual browser level.

•  Understanding how you use the Site: we use a range of services to understand how you use our Site including Google Analytics. This helps us continually improve our Site and deliver more relevant and useful content to you.

You can disable cookies by adjusting your browser settings. Each browser is different, so check the “Help” menu of your particular browser (or your mobile phone’s handset manual) to learn how to change your cookie preferences. The “Help” menu on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. For tools and downloads to opt-out of Google Analytics tracking, please visit Google Analytics Opt-Out.

For cookies that are not necessary for our Site, we will seek your consent to use such cookies. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited.

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.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Public databases and credit reference agencies who assist in providing our Site.

• Service providers who provide marketing, IT and system administration services.

• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

• HM Revenue & Customs, Internal Revenue Service, Financial Services Commission, Securities and Exchange Commission, and other regulators and authorities based in the United Kingdom or United States who require reporting of processing activities in certain circumstances, especially in the prevention of money laundering and fraud.

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do 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 specified purposes and in accordance with our instructions.

6. International transfers

Some of our external third party suppliers are based outside the EEA. Their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries .

• Where we use certain service providers, or where we exchange data between our group companies, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the EEA and the US. For further details, see European Commission: EU-US Privacy Shield .

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We use an approach called security by design. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. If your account is deleted, all personal information will be removed from our systems except for any Technical Data and records required to comply with our legal obligations, resolve disputes and enforce our agreements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

• Access to information: You have the right to request a copy of the information we hold about you.

• Ensuring accuracy of information: We want to make sure that your personal information is accurate and up-to-date. You may ask us to correct or complete information that is inaccurate or incomplete.

• Right to erasure: You may have a right to erasure, which is more commonly known as the ‘right to be forgotten’. This means that in certain circumstances you can require us to delete personal information held about you.

• Ability to restrict processing: You may also have the right to require us to restrict our use of your personal information in certain circumstances. This may apply, for example, where you have notified us that the information we hold about you is incorrect and you would like us to stop using such information until we have verified that it is accurate.

• Right to data portability: You may have the right to receive personal data we hold about you in a format that enables you to transfer such information to another data controller (e.g. such as another service provider).

• Review by an independent authority: You will always have the right to lodge a complaint with a supervisory body, including the ICO as listed above.

• Preventing direct marketing: We do not sell your personal data. From time to time, we may send emails containing information about new features and other news about us. This is considered direct marketing. We will always inform you if we intend to use your personal data or if we intend to disclose your information to any third party for such purposes.

• Objecting to other uses of your information: You may also have the right to object to our use of your information in other circumstances. In particular, where you have consented to our use of your personal data, you have the right to withdraw such consent at any time.

We may need to request specific information from you to help us 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 personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Further Information

If you would like further information on how you can exercise these rights, please email us at [email protected].

No fee usually required

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. Alternatively, we may refuse to comply with your request in these circumstances.

10. Choice of Law, Mandatory and Binding Arbitration Clause for Resolution of Disputes

By visiting the Site(s) and or conducting business with us, you agree that, except as otherwise specified herein, the laws of the State of New York, without regard to New York conflict-of-law principles, will govern any dispute that arises between us or between you and any of our affiliates or service providers resulting from or relating to your visit and use of the Site(s) and our Services.

Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year of the date of discovery of the facts first giving rise to the claim.

We and you agree that in the event of any dispute, the party wishing to address a dispute must first contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the e-mail address or physical address you have provided to us, and all notices to us shall be sent to the following email address: [email protected] and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good-faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved within thirty (30) days through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:

Place of Arbitration Hearings. Either party may elect to conduct the arbitration by telephone or written submission, but if an in-person arbitration hearing is necessary or mutually agreeable, such in-person shall be conducted at a JAMS facility in your area or at a JAMS facility in New York, New York.

The selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures, except for claims exceeding $5,000.00, which shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures. Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms, except as necessary to comply with JAMS’ Minimum Standards of Procedural Fairness for Consumer Arbitrations Pursuant to Pre-Dispute Clauses. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. We will remain responsible for our share of costs, expenses and fees in addition to any costs, expenses and fees required of us under JAMS procedures.

Litigation. The Federal Arbitration Act and federal arbitration law shall apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

Notwithstanding the arbitration clause herein, the parties also agree that we may bring suit in a federal or state court located in New York, New York in cases of alleged infringement or other misuse of intellectual property rights or if your acts or conduct have subjected us to the imminent or reasonable risk of litigation from a third party.

11. Class-Action Waiver

Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not through any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

12. Miscellaneous

If any part of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.