Version 1.1 Prior Versions
Posted: April 13, 2023 | Effective: April 13, 2023
Last Version: October 26, 2022
A. COMPANY SITE AT FxM.CO
1. INFORMATION COLLECTED BY THE COMPANY SITE
The Company Site provides information about FxM, and our business and services. Personal Information, Usage Data, and Tracking Data are collected when you visit the Company Site.
2. PERSONAL INFORMATION COLLECTED BY THE COMPANY SITE
a. Definition. Except in jurisdictions where applicable law requires a different definition, “Personal Information” collected by the Company Site means information about an individual that can be used to identify that individual. Your Personal Information includes your name, email address, telephone number, and postal address. It also includes any information that we have associated with your Personal Information. However, for visitors who access the Company Site from California, Colorado, Connecticut, Virginia, Utah, and the European Economic Area, Switzerland, and the UK, “Personal Information” generally means information that identifies or is linked or reasonably linkable to an individual, and includes information that identifies or can identify a particular user or device, and includes elements of Tracking Data and Usage Data as described in Section A.3. below.
b. Personal Information Collected by the Company Site. FxM, or its service providers on FxM’s behalf, collects Personal Information from you when you engage in any of the following activities on the Company Site:
Request information about a product or service on the Company Site.
Register on the Company Site for emails, reports, newsletters or other communications.
We may supplement the Personal Information that you submit on or through the Company Site with information from other sources, offline and online.
c. How We May Use Personal Information Collected on the Company Site. We use the Personal Information that you provide on the Company Site for the following activities:
Provide the services or messages that you request (e.g., a meeting, demo, or more information).
Send you administrative information, including information regarding changes to the Company Site’s terms, conditions and policies.
Personalize your experience on the Company Site.
Send you ads and other marketing messages about FxM or its services.
For our business purposes, such as data analysis, audits, developing new products, enhancing the Company Site, improving our services, and identifying usage trends and determining the effectiveness of our marketing.
As we believe appropriate (a) to comply with applicable law and legal process, including to respond to valid requests by public authorities (for example, a court, government agency, or law enforcement), (b) to enforce our terms and conditions, (c) to prevent or investigate possible wrongdoing in connection with the Company Site or Services and the like, (d) to protect our operations or those of our affiliates, (e) to protect our rights, property, privacy, safety, or that of our affiliates, you or others, or (f) to allow us to pursue available remedies or limit the damages that we may sustain (these purposes, collectively, the “Compliance Purposes”).
Note to visitors to the Company Site from the EEA, Switzerland, or the UK: FxM processes, as the data controller, the Personal Information we receive on the Company Site from visitors from the European Economic Area, Switzerland, or the UK on one or more of the following legal grounds:
You provided your consent;
It is necessary for our contractual relationship;
The processing is necessary for us to comply with our legal or regulatory obligations; and/or
The processing is in our or a relevant data controllers’ legitimate interest, for instance, where we use data to protect the security and integrity of our systems and to provide services or other benefits.
d. When We May Disclose Personal Information Collected on the Company Site. The Personal Information that you provide to the Company Site may be disclosed:
To Our Service Providers. FxM uses third-party service providers for a variety of services, including web hosting, customer relationship management, data analysis, IT infrastructure, IT services, customer service, email delivery, auditing, security, fraud, marketing the Services, and other services. Our Company Site, for example, is built on the technology platform of Wix, one of our third-party service providers. These third parties may have access to your Personal Information to perform these tasks on our behalf.
In a Transfer of Business. To a third party to which we have transferred our business, assets or stock if FxM is involved in a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of some or all of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
As we believe appropriate for Compliance Purposes.
f. No Sensitive Information. You are prohibited from disclosing to the Company Site any sensitive Personal Information. Examples of sensitive Personal Information include detailed personal financial information, health information, information related to racial or ethnic origin, political opinions, religious or other beliefs, criminal background, and trade union membership.
3. USAGE DATA AND TRACKING DATA COLLECTED ON THE COMPANY SITE
“Usage Data” are the information that your browser automatically sends each time your browser or device interacts with the Company Site. Usage Data is data in the “IP (Internet protocol) header” and is necessary to send data from one device to another on the Internet.
“Tracking Data” are the information collected by the cookies, pixel tags, scripts, and other tracking technologies that the Company Site uses to keep track of visitor activity.
Other tracking technologies, in the context of the Company Site, include pixel tags and scripts, and are used to track usage and performance.
b. Usage Data and Tracking Data Collected by the Company Site.
Usage Data. In the table below, FxM summarizes the information collected automatically by the Company Site. Some of this information is considered Personal Information under applicable law (in other words, information that itself may identify a unique individual or can be linked back to an individual)
Tracking Data. In the table below, FxM summarizes the information collected by the Company Site. Some of this information is considered Personal Information under applicable law.
Like other websites, the Usage Data and Tracking Data collected by the Company Website are stored in log files.
Note to visitors to the Company Site from the EEA, Switzerland or the UK: For Company Site visitors from the EEA, Switzerland or the UK, note that cookies, IP addresses, unique device IDs, and other elements of Usage Data and Tracking Data are defined as Personal Information under the GDPR or other applicable law, and will be handled by FxM as Personal Information.
Usage Data and Tracking Data are collected from the Company Site by FxM, and by our service providers on our behalf, in the following situations:
When your browser or device sends it. Standard information is sent by most browsers. This information includes your IP address, device type, screen resolution, operating system version, Internet browser type and version.
When you volunteer it.
Through activity reports. Information about how you interact with the Company Site is collected with every visit, and is used to determine usage levels, diagnose server problems, and operate and maintain the Company Site.
By aggregating information. We may aggregate information collected by the Company Site. Aggregated information will not include information that personally identifies you or any other visitor of the Company Site.
c. How We May Use and Disclose Usage Data and Tracking Data. We may use and disclose Usage Data and Tracking Data collected by the Company Site for any purpose permitted by applicable law.
Note: If we are required by applicable law to treat any element of Usage Data or Tracking Data as Personal Information, then we will handle those elements as Personal Information. If we combine any Usage Data or Tracking Data with Personal Information, we will treat the combined information as Personal Information as long as it is combined.
4. YOUR CHOICES ON THE COMPANY SITE
b. Opt Out of Receiving Promotional Emails. You can opt out from receiving promotional emails from FxM either by using the unsubscribe mechanism provided in the message or by emailing us at Privacy@FxM.co. If you opt out from receiving promotional emails from us, we may still send administrative emails to you. You cannot opt out from receiving administrative emails.
c. Privacy Rights of California Residents. On January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) took effect. The California Privacy Rights Act (“CPRA”) amendments to the CCPA become effective January 1, 2023. This Section A.4.c. describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights. By following this procedure, a California-based User may request certain information from FxM about our collection and use of your personal information in the preceding twelve (12) months:
Privacy@FxM.co from the email address that you have previously provided to the Company Site. We may ask for additional information to verify your request.
Within ten (10) business days following your verified request, FxM will send to you via the email address you provided the Personal Information collected by the Company Site about you, as required by the CCPA.
Right to Request Deletion The CCPA provides the right to request the deletion of the personal information collected by the Company Site. Note that this right is subject to the exceptions listed in the CCPA. Email Privacy@FxM.co if you want to request that FxM delete the Personal Information collected by the Company Site prior to your request. Note that if you submit your Personal Information to the Company Site in the future, the Company Site will have again collected your Personal Information.
Selling or Sharing of Personal Information. FxM does not sell Personal Information of California consumers to third parties, and does not have actual knowledge that it sells the personal information of consumers under the age of 16. In general, we will disclose Personal Information such as your name, address, and email to third parties only at your direction or to fulfill the purposes for which you provide such information. However, certain sharing of information with our third-party analytics and digital advertising vendors may qualify as a “sale” and is considered “sharing” under the CPRA. To opt-out of certain sharing of information with our third-party analytics and digital advertising service providers, you may set your preferences to reject analytics and advertising cookies by clicking the “Do Not Sell My Personal Information” link at the bottom of the Company Site. Additional information about how to control cookies through your browser functionality is provided earlier in this section.
Non-Discrimination. FxM will not discriminate against an individual for exercising any of his, her or their CCPA rights.
d. Privacy Rights of Virginia, Colorado, Connecticut and Utah Residents.
This Section A.4.d. describes the rights of the residents of Virginia, Colorado, Connecticut and Utah and explains how to exercise those rights. If you are a resident of Virginia, Colorado, Connecticut and Utah, you have the rights to:
Confirm whether or not we are processing your Personal Information and access such Personal Information;
For Virginia, Colorado and Connecticut residents, correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information;
Delete Personal Information you;
Obtain a copy of your Personal Information we process, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance, where the processing is carried out by automated means; and
Opt out of the processing of Personal Information for purposes of:
The sale of Personal Information; or
For Virginia, Colorado and Connecticut residents, profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
You may exercise these rights by emailing Privacy@FxM.co, referencing your full name and email address. Unless you do business with FxM, have engaged with FxM, or have provided your Personal Information on the Company Site, FxM is likely not to have your Personal Information. If we have your Personal Information, we may use it for the purposes of targeted advertising, and under Colorado and Connecticut laws, our processing may qualify as a “sale.” To opt-out of certain sharing of information with our third-party analytics and digital advertising service providers, you may set your preferences to reject analytics and advertising cookies by clicking the “Do Not Sell My Personal Information” link at the bottom of each page of the Company Site. Additional information about your opt-out rights is available elsewhere in this Section A.4 (“Your Choices on the Company Site”).
e. Privacy Rights of Residents of the European Economic Area and the United Kingdom
Site visitors and others who are residents of the European Economic Area or United Kingdom may (a) seek confirmation regarding whether FxM is processing Personal Information about you, (b) request access to such data, (c) ask that we correct, amend, or delete it where it is inaccurate, (d) ask us to restrict how we process and disclose certain of your Personal Information, (e) transfer your Personal Information to another party, or (f) revoke consent for the processing of your Personal Information (if your consent is the legal basis we rely on to process your Personal Information).
You can submit such requests to Privacy@FxM.co, which will be processed in line with applicable law. Although we make good faith efforts to provide you with access to your Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where it is commercially proprietary. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
Residents of the European Economic Area and United Kingdom have the right to file a complaint regarding their Personal Information directly with the appropriate data protection authority. For information on who those parties are and how they can be reached please go to http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm for EU residents and https://ico.org.uk/ for residents of the United Kingdom.
B. THIRD-PARTY SERVICE PROVIDERS
FxM uses third-party tools and services on the Company Site to measure how the Company Site is used. Some of these vendors may collect information from the Company Site for retargeting and interest-based advertising purposes. FxM allows these service providers to use their tracking technologies to collect information on the Company Site. For more information about interest-based advertising and to understand your right to opt-out from these practices, please visit http://www.aboutads.info/choices/. These services are hosted by the third parties who provide them, and your interactions with these features are governed by the privacy policies of the third parties providing them. These services include, but are not limited to, those below.
Wix. The Company Site is built on the Wix web design platform, and may include Wix’s analytics and other tools to improve its features. For more information about the Wix platform and tools, please visit www.wix.com/about/privacy.
Google. We may use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on our Company Site, and to develop website content. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt-out of Google’s collection and processing of data generated by your use of the Website by going to http://tools.google.com/dlpage/gaoptout.
C. TRANSFER OF INFORMATION
FxM works with global companies and technologies, and we may need to transfer your Personal Information outside of the country from which it was originally provided. This transfer may be between FxM-affiliated companies or to third parties that we work with who are likely located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we process that data, including Personal Information, in the United States.
D. OTHER INFORMATION
1. ABOUT DATA SECURITY
FxM employs commercially reasonable security measures to prevent the loss, misuse or alteration of information collected by the Company Site, and FxM Technology. However, no data transmission over the Internet or data security system can be guaranteed to be 100% secure.
2. LINKS TO OTHER SITES
3. CHILDREN'S PRIVACY
The Company Site is not targeted to anyone under the age of 13 ("Child" or “Children”). We do not knowingly collect Personal Information from Children.
4. USER ACCESS TO PERSONAL INFORMATION COLLECTED BY THE COMPANY SITE
If you would like to access, change, or delete the Personal Information that you have previously provided to the Company Site, contact us by emailing us at Privacy@FxM.co to make the requested changes. You may be asked to verify your identity for anti-fraud purposes. Once verified, we will comply with your request as soon as reasonably practicable. If you have requested that some Personal Information be deleted, note that we may need to retain some of the information for backup or Compliance Purposes. In addition, there could remain residual traces of the deleted Personal Information in our databases and other records. We are not responsible for changing or deleting information from the databases of third parties that have previously accessed your information.
E. HOW TO CONTACT FxM