Privacy Policy

Effective Date: November 20, 2013
Last Updated: November 20, 2013

This Privacy Policy is incorporated by reference into the Derivative Path Terms of Use. The term "Derivative Path," "we," and "us" includes Derivative Path, Inc. and our affiliates and subsidiaries. The Privacy Policy explains how Derivative Path may:

  • collect

  • use, and

  • disclose

Information we obtain through the "DPI Services," which consist of the website www.derivativepath.com (the "DPI Site") and any other website, mobile application, or Internet service under the control of Derivative Path, whether partial or otherwise, in connection with providing an online platform for Derivative Path's electronic, multi-media communications platform designed to assist financial institutions and commercial end users in managing and evaluating interest rate derivatives and similar financial products.

"Personal Information" means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

1. THE DPI SERVICES COLLECT YOUR INFORMATION

We collect Personal Information when you:

  • register to use the DPI Services;

  • use the DPI Services; and

  • communicate with us.

We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the DPI Services.

Registration and Account Information. You may register at the DPI Site to access secure content. To register, you may need to provide Personal Information, such as your name, company, email address, phone number. You may also provide other optional information.

Using the DPI Services. We collect information you choose to post through the DPI Services. For example, Derivative Path will collect your name, company, email address and phone number when you register at the DPI Site.

Customer Support. We may collect Personal Information through your communications with our customer-support team.

Cookies, Automatic Data Collection, and Related Technologies. The DPI Services collect and store information that is generated automatically as you use the DPI Services, including your preferences and anonymous usage statistics.

When you visit the DPI Site, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Most browsers allow you to block and delete cookies. However, if you do that, the DPI Services, including the DPI Site, may not work properly.

By using the DPI Services you are authorizing us to gather, parse, and retain data related to the provision of the DPI Services.

2. HOW DERIVATIVE PATH USES YOUR INFORMATION

We use Personal Information to

  • facilitate and improve our services; and

  • communicate with you.

We may use aggregate information for any purpose, including for marketing purposes.

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the DPI Services. We may use and retain any data we collect to provide and improve our services.

Communications. We may send email to the email address you provide to us, or text messages to your mobile device, to verify your account and for informational and operational purposes, such as providing the service, account management, customer service, and system maintenance.

Aggregate Data. We may anonymize and aggregate data collected through the DPI Services, including the DPI Site, and use it for any purpose.

3. DERIVATIVE PATH MAY DISCLOSE YOUR INFORMATION

We may share your information:

  • with our third-party service providers;

  • to comply with legal obligations;

  • to protect and defend our rights and property; and

  • with your permission.

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the DPI Services.

Displaying to Other Users. The content you communicate using the DPI Services may be displayed to the recipients thereof. We are not responsible for privacy practices of the other users who will view and use the communicated information.

Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect your, our, or others' rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of Derivative Path assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

We may also disclose your Personal Information with your permission.

4. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the DPI Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the DPI Services. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the DPI Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at compliance@derivativepath.com

5. CHILDREN'S PRIVACY

We do not knowingly collect information from children under 13. We will take steps to delete it if we learn we have collected it.

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the DPI Services is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at compliance@derivativepath.com If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child's account.

6. INTERNATIONAL USERS

By using the DPI Services, you will transfer data to the United States.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

7. UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION

If you would like to update or correct any information that you have provided to us through your use of the DPI Services or otherwise, or if you have suggestions for improving this Privacy Policy, please send an email to compliance@derivativepath.com

8. CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

CONTACT INFORMATION

Derivative Path, Inc.
2001 N. Main Street, Ste 250
Walnut Creek, CA 94596
T: 415-992-8200
E: info@derivativepath.com