PRIVACY POLICY

1.  PURPOSE

This website (hereafter the “Website”) is owned and operated by Imagine Software, Inc. (“Imagine”). Transparency is important to us. That’s why our Privacy Policy (hereafter the “Privacy Statement”) aims to be clear about the types of information we collect, what we do with that information, and our data protection and storage practices.

We collect some personal data automatically, only for statistical purposes; otherwise, all of your personal data is given directly to us by you. We transfer this information to our parent company in the U.S. as well as other Imagine entities, and also to third parties to the extent necessary to provide our services, and to enhance the experience of any visitor and/or user of the Website (hereafter “you” or the “User”). We do not rent or sell your personal data.

We process this information in compliance with the General Data Protection Regulation (“GDPR”) (Regulation (EU) 2016/679 of April 27, 2016).

This Privacy Statement constitutes a binding agreement regarding the collection and processing of personal data by means of this Website between Imagine and its affiliates (hereafter “us” or “Imagine”) and the User. Throughout this Privacy Statement, the expression “personal data” refers to any information relating to an identified or identifiable natural person, as defined by the GDPR.

Please note that we do not request or collect or otherwise process personal data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a person’s sex life or sexual orientation.

2.  DATA COLLECTED AND PROCESSED

Imagine gathers the following types of information from users:

  • Imagine gathers information that Users provide through optional, voluntary submissions. This information may include email addresses, names, company name, job position, business address, and telephone number. These are voluntary submissions to receive a free trial of our offering. Imagine will contact Users who have submitted a Trial Participation Application online.
  • Imagine gathers information on Users’ use of the Website, including tallying page views throughout our sites through the use of aggregated website tracking facilities. This information allows us to better tailor our services to our Users’ needs and preferences.

Imagine will only divulge information about an individual User to a third party to the extent necessary to help us serve or market to you more effectively (see “Sharing of the Information”, section 2.3 below).

2.1  How Data is Gathered and Used

Imagine gathers information from Users through the following processes:

  • Optional voluntary contact information submissions;
  • Access log files;
  • Third-party services;
  • Cookies;
  • Privacy Policy; and
  • Electronic RSS feed.

We may offer free electronic RSS feed to Users who subscribe via their browser’s RSS tools. Imagine does not gather the email addresses of Users who voluntarily connect to our RSS feed. Users can also manually disconnect from the RSS feed at any time by using their browser’s RSS management tools.

Imagine will use any information voluntarily given by our Users to enhance their experience while on our Website, whether to provide interactive or personalized elements on the site or to better prepare future content based on the interests of our Users.

We will also use the information voluntarily given to provide trial material to the User and to contact the individual, but only where the User has provided consent to us contacting them. From time to time, we use such voluntarily provided information in order to send out electronic notices and to enable users to participate in trials. We may send out special notices when we think you might be particularly interested in something we are doing. At all times, we will provide Users will the ability to unsubscribe from these communications.

2.2 Tracking

We may place a text file called a “cookie” in the browser files of your computer. The cookie enables us to relate your use of this Website to information that you have specifically and knowingly provided. A cookie cannot read data off your hard disk or read cookie files created by other sites. Imagine uses cookies to track user traffic patterns (as described below) and for session authentication.

Imagine uses tracking information to determine which areas and functionalities of our sites Users prefer based on traffic to those areas. We create aggregate reports on User traffic patterns for internal use. This allows us to more effectively develop content and services that are pertinent to our clients’ needs.

Our traffic pattern systems deliver a one-time cookie to better track movement and click rates.

Imagine uses Google Analytics to track User traffic patterns throughout the entire Website. Imagine does break down overall usage statistics according to how many hits it received in a given period, Users’ average length of time spent on site, bounce rate, how many Users fill out a form, which search engines they use, which key words they search with. However, Imagine does not correlate this information with data about individual Users. Google’s ability to use and share information collected by Google Analytics about your visits to the website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Imagine also uses software to capture data voluntarily submitted by website users, such as contact information and product interest, and store it as a record in our CRM platform. Our CRM platform provider is Salesforce.  Salesforce’s ability to use and share information which is stored via its platform is restricted by the Salesforce Terms of Service and the Salesforce Privacy Statement.

Imagine stores the information we gathered from Users visiting the Website on secured hosts within a secured data center. Access to the information is restricted to those with a business need.

We give Users options to ‘opt-out’ wherever necessary and practical. Such choices include:

  • Opting not to receive our RSS feed once activated; and
  • Opting not to participate in certain interactive areas.

You can refuse to accept the cookies for the secure client area (i.e., the secure customer service site, which is accessed via a secure login) by turning them off in your browser, but you will not be able to access this part of the Website. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie.

You do not need to have cookies turned on to use the derivatives.com graphical user interface (“GUI”). The GUI uses its own cookie, which is independent of any web browser.

2.3 Sharing of the Information

Imagine will only divulge information about an individual User to a third party to the extent necessary to help us serve or market to you more effectively, and also to comply with applicable law, valid legal process or to protect the personal safety of our users or the public.

We inform you that we share aggregated demographic information with our partners and advertisers. The information we shared does not contain any information that would allow any User to be identifiable.

We also outsource certain activities such as marketing assistance, postal and email delivery, customer service, and data analysis, and use a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personal data for any secondary purposes and are not allowed to use personal data, except for the purpose of providing these services. We have also ensured that our agreements with these third parties contain data protection clauses that guarantee appropriate safeguards to the User.

These transfers are required for the performance of our obligations to you, in our capacity as a service provider

3.  INFORMATION SECURITY

We aim to protect Imagine and our Users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We have implemented appropriate security measures (both technical and administrative) in order to protect your information, both online and offline. In particular:

  • We encrypt traffic going over public networks using SSL.
  • We offer two-factor authentication for accessing your Imagine Trading System account.
  • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
  • We restrict access to personal data to Imagine employees, contractors and agents who need to know that information in order to process it for us, and who are subject to contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

4.  INTERNAL COMPANY TRANSFERS

Personal data we collect is transferred to our parent company, Imagine Software Inc., located in the United States of America. These transfers are necessary for the execution of our services because all of our servers are located in the U.S. As a consequence, the processing of your requests requires your personal data to be transferred to the United States.

In order to ensure the lawfulness of these transfers, we have executed and implemented the European Commission Standard Contractual Clauses for controller-to-controller transfers set by Decision 2004/915/EC. The Standard Contractual Clauses provide for adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights, and are fully implemented by Imagine and its local European affiliates.

5.  RIGHTS FOR USERS WHO ARE EEA RESIDENTS

Residents of the European Economic Area (“EEA”) have the following rights regarding their personal data that is collected and processed by us. The following section 6 applies to EEA residents only.

We will attempt to notify each recipient to whom your personal data has been disclosed (unless this proves impossible or involves disproportionate effort) when you notify us of a rectification or erasure of your personal data or a restriction of processing.

Should you wish to make a request in relation to the rights outlined below, please send a request in writing to:

Access to Information:
Imagine Software, Inc.
22 Cortlandt Street,32nd Floor
New York, NY 1000

5.1  Right of Access

You may request access to your personal data that we collect and process. Should you request such access, we will provide you with a copy of all your personal data in our possession as well as all legally required information, including:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients to whom the personal data have been or will be disclosed;
  • the duration of storage of the personal data; and
  • further information on your rights regarding your personal data.

5.2  Right to Data Portability

You have the right to data portability of your personal data. This right differs from your right to access since it only relates to the personal data you provided us with (for example, automatically collected data is not included). This right allows you to receive this personal data in a structured, commonly used and machine-readable format in order for you to be able to transfer this personal data to another data controller or processor.

5.3  Right to Rectification

You may, at any time, request that we rectify inaccurate or incomplete personal data concerning you, and we will proceed accordingly and promptly.

5.4  Right to Erasure (‘Right to be Forgotten’)

You may request the erasure of your personal data provided that one of the following conditions apply:

  • your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
  • you withdraw your consent for the processing and there is no other legal ground for the processing (this only relates to the personal data collected via the contact form or for our newsletter purposes);
  • you exercise your right to object to the processing of your personal data, as detailed in section 6.5;
  • your personal data was unlawfully processed; or
  • your personal data has to be erased to comply with a legal obligation to which we are subject.

5.5  Right to Object

Where your personal situation justifies it, you may object to the processing of your personal data by us when this processing is carried out in our legitimate interests.

You may also, at any time, object to the processing of your personal data by us when this processing is carried out for marketing purposes

5.6  Right to Restriction of Processing

You may ask for the restriction of the processing of your personal data when one of the following applies:

  • where you contest the accuracy of your personal data, you can request the restriction of the processing of your personal data for the period required to verify your claim;
  • where the processing is unlawful, you may choose to request the restriction of the use of your personal data instead of requesting its erasure;
  • if we no longer need your personal data for the purpose of the processing, but you require this data for the establishment, exercise or defense of legal claims; or
  • where you objected to the processing of your personal data carried out in our legitimate interests, you may request the restriction of this processing while we investigate your claim.

5.7  Data Retention

All information is retained by Imagine in accordance with Article 5(1)(e) of the GDPR, which states that personal data should not be stored for longer than necessary in relation to the purpose for which it is being processed.

6.  GENERAL INFORMATION

By using this Website, you consent to the collection and use of this information by Imagine. If we decide to change our Privacy Statement, we will post those changes on this page so that you are always aware of what information we collect, how we use it, under what circumstances we disclose it, how we secure it, how to opt-out and how to access your information. A banner informing our Users of the change in this Privacy Statement will be displayed for two weeks after the change. We will also keep prior versions of this Privacy Statement in an archive.

If at any point we decide to use personal data for purposes incompatible with those stated at the time it was collected, we will notify Users by way of an email whenever possible, or by displaying a banner requesting Users’ consent to this change for two weeks before the change takes place. Users will have the option to refuse the change and request the deletion of their personal data.

6.1  Children

Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly request personally identifiable information from anyone under the age of 13 within the United States without requesting parental consent.

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Your rights and our commitments regarding your personal data are detailed in our Privacy Statement.

Privacy Policy