Privacy Policy

Welcome to Trayport’s Privacy Policy.

Trayport respects your privacy and is committed to protecting your Personal Data. This Privacy Policy explains the information relating to you that we collect and use, and it applies to all the products and services we offer to you (the “Services”), including our website www.trayport.com (the “Website”) or any software, mobile application or other application we provide to you whether on-premise, cloud-based, or as a service (the “Software”).

This Privacy Policy explains how Trayport collects, uses, shares, and protects your Personal Data when you interact with us through our Services.

2.1 PURPOSE OF THIS PRIVACY NOTICE

This Privacy Policy should be read together with any other notices, agreements, or terms and conditions we may provide for specific Services or activities. It supplements those notices and is not intended to override them. When you use our Website, our Website Terms of Use & Disclaimer, Acceptable Use Policy and Cookie Policy also apply. Similarly, when you use our Software, our Software as a Service Agreement and other user terms such as an End User Licence Agreement will also apply.

Our Services are not intended for children and we do not knowingly collect data relating to children.

• CONTROLLER

Trayport is made up of different legal entities, details of which can be found in our Legal Notice. These entities are referred to as the “Trayport Group” and they are part of global corporate group owned by TMX Group Limited.

This Privacy Policy is issued on behalf of the Trayport Group so when we mention “Trayport“, “we“, “us” or “our” in this Privacy Policy, we are referring to the relevant company in the Trayport Group responsible for processing your data. Trayport Limited is the controller and responsible for the Services. We will let you know which entity will be the controller for your data when you purchase Software or any other Services from us.

If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact us using the details set out below.

• CONTACT DETAILS

If you have any questions about this Privacy Policy, including any requests to exercise your legal rights (see section 10 (YOUR LEGAL RIGHTS)), or our privacy practices, please contact us in the following way:

Full name of legal entity: Trayport Limited

Company Number: 02769279

ICO Registration Number: Z7577422

Postal address: 2 Gresham Street, 3rd Floor, London, England, EC2V 7AD

Email address: dataprotection@trayport.com

Telephone: +44 (0)20 7960 5500

You have the right to make a complaint at any time to a relevant supervisory authority (e.g. the UK’s Information Commissioner’s Office, the Austrian Data Protection Authority; the State Commissioner for Data Protection and Freedom of Information for the Free Hanseatic City of Bremen in Germany, or the Personal Data Protection Commission in Singapore) for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the respective supervisory authority, so please contact us in the first instance.

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity. It does not include data where the identity has been removed (anonymous data).

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

• Identity Data includes first name, last name, username or similar identifier, job title, name of the company you represent, nationality, date of birth and sex/gender.
• Contact Data includes billing address, email address and telephone numbers.
• Financial Data includes bank account, payment card details, credit check and tax information.
• Transaction Data includes details about payments to and from you and other details of the Services that you and/or the company you represent have purchased from us.
• Technical Data 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 our Services.
• Profile Data includes your username and password, details of any purchases or orders made by you and/or the company you represent, any queries, comments, chat messages, logs, feedback and survey responses, or complaints you send us.
• Usage Data includes information about how you use our Services, including information about your Website visit, the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time); products you viewed or searched for; technical and use information regarding your activity and utilisation of any of our Services; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number you used to call our customer service number.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third-parties and your communication preferences.

We also collect, use and share Aggregated Data which is not Personal Data as it does not directly or indirectly identify you. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific 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 Policy.

Unless we obtain your informed consent or it is otherwise required by law or in connection with a contract we have with you, we do not collect any Special Categories of Personal Data (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), nor do we collect any information about criminal convictions and offences.

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 our Services). In this case, we may have to cancel the Services you have with us, but we will notify you if this is the case at the time.

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

• Direct interactions. You may give us your Identity, Contact, Marketing and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you or provide when you:
• register, apply for, or use our Services;
• subscribe to our publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us by phone, email, or any other means of communication.
• Automated technologies or interactions. As you interact with our Services, we will automatically collect Technical and Usage Data about your equipment, actions and patterns. We collect this Personal Data by using cookies, logs and other similar tracking technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.
• Third-parties or publicly available sources. We will receive Personal Data about you from the company you represent and other users or clients of our Services where this is necessary for the functionality of the Services (for example, in chat messages or shared communications). We may also receive your Personal Data from our business partners, publicly available sources, providers of technical, payment, credit check and delivery services, data brokers or aggregators, and search information providers or analytics providers such as Google.

5.2 MARKETING AND PROMOTIONAL OFFERS

We may use your Identity, Contact, Technical, Usage and Profile 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 of our Services and offers may be relevant for you (we call this marketing). We will send you marketing communications if you request information from us, or if you and/or the company you represent purchase similar Services, subscribe to use them, and do not opt out of receiving marketing communications. We will get your express opt-in consent before we send you our newsletter and/or share your Personal Data with any third-party for marketing purposes.

5.3 OPTING OUT

You can ask us or third-parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of a product or service purchase, warranty registration, product/service experience or other transactions.

5.4 COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

5.5 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.

For the purposes set out above, we may share your Personal Data with the parties set out below:

• TMX corporate group – other entities within the same corporate group as Trayport, whether as parents, subsidiaries or affiliates of TMX Group Limited.
• Professional advisors – third-party advisers such as accountants, lawyers, tax advisers, auditors, and insurers, engaged to provide professional services to Trayport.
• Clients – counterparties or recipients of our Services, where sharing is necessary to perform our contractual obligations, including enabling standard Software functionality such as connecting users to each other and facilitating communications and interactions between them.
• Legal and regulatory authorities – official bodies such as HM Revenue & Customs, the Financial Conduct Authority, the Information Commissioner’s Office, and the European Securities and Markets Authority, where required by law or regulation.
• Service providers – third-parties that provide services to Trayport, including providers of features that are integrated into our Services, solely in the course of their provision of services to Trayport.
• Marketing partners – third-parties that support or manage Trayport’s marketing efforts, where permitted by law and with appropriate safeguards.
• Business partners – third-parties that collaborate with Trayport on a commercial basis, including referral partners, joint venture entities, and other partners who are not Clients or Service Providers.
• Transaction partners – third-parties involved in potential or actual business transactions such as mergers, acquisitions, or sales of business units or assets.

We take reasonable precautions to ensure third-parties to keep your Personal Data secure and confidential, in compliance with relevant legal requirements and security standards.

When carrying out the data processing described in this Privacy Policy, we may transfer your Personal Data outside of the United Kingdom and/or the European Economic Area. When doing so, we ensure that the transfer is protected by relevant safeguards provided under United Kingdom and European Union law such as adequacy decisions, data privacy frameworks, or standard contractual clauses.

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. 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. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator if we are required to do so.

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.