Policy Updated 22 May 2018
1. INTRODUCTION
This Policy sets out the obligations of Simpler Markets Limited (referred to as “SML”, “We”, “Us” or “the Company”) regarding data protection and the rights of current, past and prospective staff, suppliers, clients, customers, and others with whom it has business or with whom it communicates (“data subjects”) in respect of their personal data under the General Data Protection Regulation (“the Regulation”).
The Regulation defines “personal data” as any information relating to an identified or identifiable natural person (a data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, name, email address, telephone number, postal address, IP address etc, and credit card numbers.
This Policy sets out the procedures that are to be followed when dealing with personal data. The procedures and principles set out herein must be followed at all times by SML, its employees, agents, contractors, or other parties working on behalf of the Company.
SML is committed to ensuring that it treats personal information lawfully and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
2. THE DATA PROTECTION PRINCIPLES
This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply. All personal data must be:
- processed lawfully, fairly, and in a transparent manner in relation to the data subject;
- collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject;
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
3. LAWFUL, FAIR, AND TRANSPARENT DATA PROCESSING
The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data shall be lawful if at least one of the following applies:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, where the data subject is a child.
4. PROCESSED FOR SPECIFIED, EXPLICIT AND LEGITIMATE PURPOSES
To conduct its normal business, SML collects and uses certain types of personal information about living individuals. This personal data will be processed according to the legal basis of consent, contractual relationships with data subjects, compliance with activities in which SML is engaged and for the purposes of legitimate interests pursued by SML, for example processing data to help improve the Company’s products and services.
In particular:
4.1 SML collects and processes the personal data set out in Section 17 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and data received from third parties.
4.2 SML only processes personal data for the specific purposes set out in Appendix A of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
5. ADEQUATE, RELEVANT AND LIMITED DATA PROCESSING
SML will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 4, above.
6. ACCURACY OF DATA AND KEEPING DATA UP TO DATE
SML shall ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
7. TIMELY PROCESSING
SML shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to erase it without delay. SML’s data retention policy is located at Section 23 and Appendix C.
8. SECURE PROCESSING
SML shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection measures which shall be taken are provided in Parts 22 of this Policy.
9. ACCOUNTABILITY
9.1 The Data Protection Manager will oversee SML’s responsibilities and accountability for data protection.
10. PRIVACY IMPACT ASSESSMENTS
SML shall carry out Privacy Impact Assessments when and as required under the Regulation. The provision of a Privacy Impact Assessment shall be overseen by SML’s Compliance Team and shall address the following areas of importance:
10.1 The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;
10.2 Details of the legitimate interests being pursued by SML;
10.3 An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
10.4 An assessment of the risks posed to individual data subjects; and
10.5 Details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.
11. THE RIGHTS OF DATA SUBJECTS
The Regulation sets out the following rights applicable to data subjects:
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure (also known as the ‘right to be forgotten’);
- The right to restrict processing;
- The right to data portability;
- The right to object;
- Rights with respect to automated decision-making and profiling.
Your Rights
You have the right to request access to personal data that we may process about you. If you wish to exercise this right, you should contact us at data@leadingtrader.com.
You have the right to require us to correct any inaccuracies in your personal data free of charge. If you wish to exercise this right, you should contact us using the details referred to above and specify the information that is incorrect and what it should be replaced with.
In certain circumstances you have the right to require us to erase personal data that we may process about you. If you wish to exercise this right, you should contact us using the details referred to above although please note that we may be required to retain some or all of your personal information.
If you have any concerns or questions as to the way in which we process your information please do contact us. In addition, you have a right to bring a complaint with the Information Commissioner’s Office. More information on the Information Commissioner’s Office and your rights is available at www.ico.org.uk or on 0303 123 1113.
For any requests in respect of your data please contact data@leadingtrader.com.
12. KEEPING DATA SUBJECTS INFORMED
12.1 SML shall ensure that the following information is provided – by reference to this Data Protection Policy – to every data subject when personal data is collected:
- Details of SML including, but not limited to, the identity of any appointed Data Protection Manager;
- The purpose(s) for which the personal data is being collected and will be processed (as detailed in Appendix A of this Policy) and the legal basis justifying that collection and processing;
- Where applicable, the legitimate interests upon which SML is justifying its collection and processing of the personal data;
- Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
- Where the personal data is to be transferred to one or more third parties, details of those parties;
- Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 21 of this Policy for further details concerning such third country data transfers);
- Details of the length of time the personal data will be held by SML (or, where there is no predetermined period, details of how that length of time will be determined);
- Details of the data subject’s rights under the Regulation;
- Details of the data subject’s right to withdraw their consent to SML’s processing of their personal data at any time;
- Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);
- Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it;
- Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
12.2 The information set out above in Part 12.1 shall be provided to the data subject at the following applicable time:
12.2.1 Where the personal data is obtained from the data subject directly, at the time of collection;
12.2.2 Where the personal data is not obtained from the data subject directly (i.e. from another party):
- If the personal data is used to communicate with the data subject, at the time of the first communication; or
- If the personal data is to be disclosed to another party, before the personal data is disclosed; or
- In any event, not more than one month after the time at which SML obtains the personal data.
13. DATA SUBJECT ACCESS
13.1 A data subject may make a subject access request (“SAR”) at any time to find out more about the personal data which SML holds about them. SML is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
13.2 All subject access requests received must be forwarded to the Data Protection Manager.
13.3 SML will not charge a fee for the handling of normal SARs. SML reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
14. RECTIFICATION OF PERSONAL DATA
14.1 If a data subject informs SML that personal data held by SML is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
14.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.
15. ERASURE OF PERSONAL DATA
15.1 Data subjects may request that SML erases the personal data it holds about them in the following circumstances:
- It is no longer necessary for SML to hold that personal data with respect to the purpose for which it was originally collected or processed;
- The data subject wishes to withdraw their consent to SML holding and processing their personal data;
- The data subject objects to SML holding and processing their personal data (and there is no overriding legitimate interest to allow SML to continue doing so) (see Part 18 of this Policy for further details concerning data subjects’ rights to object);
- The personal data has been processed unlawfully;
- The personal data needs to be erased for SML to comply with a legal obligation
15.2 Unless SML has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
15.3 In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
16. RESTRICTION OF PERSONAL DATA PROCESSING
16.1 Data subjects may request that SML ceases processing the personal data it holds about them. If a data subject makes such a request, SML shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.
16.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
17. WHAT PERSONAL INFORMATION WE COLLECT ABOUT YOU
We collect personal information about you. We may collect this information when you:
- When you register to receive emails
- Register for a webinar
- When you attend a seminar
- When you purchase a SML Education Product
- When you purchase a SML Product such as chart indicators
- Sign up for publications, videos, webinars or newsletters
- Sign up to become a member in our LeadingTrader Membership service
- Telephone, write, contact us online or text us or otherwise provide us with your personal information
This can include information such as Your name, email address, postal address, IP address, telephone number, mobile number, Payment details, order details, products ordered, date subscribed.
We only collect sensitive personal information if we are under a legal obligation to do so, for example, relating to your health if you request special assistance for an event. Any such information is securely stored on your delegate profile.
Payment Data
We collect information from you when purchasing a Membership, seminar or software (as defined in the Terms of Use). When a purchase is made, your credit or debit card information (such as card number, type and expiration date) and other financial data needed to process your payment will be collected and stored by us and/or the payment processors with which we work.
Third-Party Sites
The Site may contain links to other websites, or you may have been linked to this Site from another website, but this Privacy Policy does not apply to those external sites and we are not responsible for their content. If you visit external websites, we recommend that you review their privacy policies. If we materially change our privacy policies or practices, we will also amend this Privacy Policy to reflect such change. You should review the Privacy Policy each time you access the Site.
18. OBJECTIONS TO PERSONAL DATA PROCESSING
18.1 Data subjects have the right to object to SML processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling), and processing for historical research and statistics purposes.
18.2 Where a data subject objects to SML processing their personal data based on its legitimate interests, SML shall cease such processing forthwith, unless it can be demonstrated that SML’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
18.3 Where a data subject objects to SML processing their personal data for direct marketing purposes, SML shall cease such processing forthwith.
18.4 Where a data subject objects to SML processing their personal data for historical research and statistics purposes, the data subject must, under the Regulation, ‘demonstrate grounds relating to his or her particular situation’. SML is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
19. AUTOMATED DECISION-MAKING
19.1 We do not do Automated decision making – but in the event that SML uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from SML.
20. PROFILING
Where SML uses personal data for profiling purposes, the following shall apply:
- Clear information explaining the profiling will be provided, including its significance and the likely consequences;
- Appropriate mathematical or statistical procedures will be used;
- Technical and organizational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
- All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Part 22 for more details on data security).
21. INTERNATIONAL TRANSFER OF DATA
Staff should not transfer personal data internationally without first consulting the Data Protection Manager. There are restrictions on international transfers of personal data from the UK to other countries because of the need to ensure adequate safeguards are in place to protect the personal data. Staff unsure of what arrangements have been or need to be put in place to address this requirement should contact the Data Protection Manager.
22. DATA PROTECTION MEASURES
How do we protect your information?
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Our website is hosted by Bluehost.com and information is processed in compliance with their privacy policy. Bluehost.com employs security measures such as using firewalls to protect against intruders, building redundancies throughout their network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities. For more information on how Bluehost.com processes and protects information, review their Privacy Policy (https://www.bluehost.com/terms/privacy-policy).
In addition, your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
When you initially provide or update your payment information, we transmit it via an encrypted connection to our Payment Processor, PayPal. PayPal uses and processes your payment information in accordance with PayPal’s Privacy Policy (https://www.paypal.com/en/webapps/mpp/ua/privacy-full). By accessing our site and purchasing services, you agree to PayPal’s privacy policy.
In the processing of payments, we also engage additional third-party service providers, each of which has their own privacy policy (below). By accessing our site and purchasing services, you agree to their privacy policies:
1automationwiz.com (https://www.1automationwiz.com/privacy-policy.html)
trepstar.com for DVD & USB shipments (https://www.trepstar.com/privacy-spam-policy.asp)
We don’t store your payment information, other than your zip code and country, which we require for billing and to comply with tax and other government regulations. All sensitive and credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
You always have the right to request Company delete or correct the information held about you. If you wish to alter, access or remove content please contact us at data@leadingtrader.com.
Other third-party service providers
We also use other third-party service providers to communicate with customers and site users. These third-party service providers have their own privacy policies. By accessing our site, you agree to their privacy policies:
Aweber (https://www.aweber.com/privacy.htm)
Zoho Mail (https://www.zoho.com/privacy.html)
InfusionSoft (https://www.infusionsoft.com/legal/privacy-policy)
GotoWebinar (https://www.logmeininc.com/legal/privacy)
Third-party disclosure
We do not sell, trade or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other users.
In addition, we may disclose your information in connection with conducting our business. In the event Company is involved in a business transition that involves the sale, merger or divestment of Company, we may disclose any information about you to the acquiring entities. This transferred information will remain subject to the provisions of this Privacy Policy, as updated.
23. HOW LONG WILL SML KEEP MY INFORMATION?
We will hold your personal information on our systems for as long as is necessary for the relevant activity or until you request that we remove your information from our systems via our Telling Us When Things Change section.
Your information will generally not be held for more than 7 years from the time of your last interaction with us.
TELLING US WHEN THINGS CHANGE
You can help us keep our records up to date by telling us when your contact details and other personal information changes. You can also change your mind at any time about how we contact you or ask us to stop contacting you altogether.
Please contact: data@leadingtrader.com
24. DATA BREACH NOTIFICATION
24.1 All personal data breaches must be reported immediately to SML by e-mail to data@leadingtrader.com.
24.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection manager must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
24.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 24.2) to the rights and freedoms of data subjects, the data protection manager must ensure that all affected data subjects are informed of the breach directly and without undue delay.
24.4 Data breach notifications shall include the following information:
- The categories and approximate number of data subjects concerned;
- The categories and approximate number of personal data records concerned;
- The name and contact details of SML’s data protection manager (or other contact point where more information can be obtained);
- The likely consequences of the breach;
- Details of the measures taken, or proposed to be taken, by SML to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
25. GENERAL TRAINING
SML is responsible for ensuring that all of its employees, volunteers, associates, interns and contractors are aware of their personal responsibilities in relation to personal data, ensuring that it is properly protected at all times and is processed only in line with SML’s procedures.
To this end, SML shall ensure that all of its employees are given appropriate and relevant training.
26. IMPLEMENTATION OF POLICY
This Policy shall be deemed effective as of 22 May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date. The policy shall be reviewed at least annually and in event of significant changes to the Regulation.
To this end, SML shall ensure that all of its employees are given appropriate and relevant training.
APPENDIX A
- SML is an education company founded in 2012, which provides educational products and services to the public. It also works with 3rd parties who offer education in related topics. As SML;
- Markets and offers to the general public free promotional events and webinars that provide information on its education products and services. SML’s marketing activities collect data by way of implied consent to which all data subjects are asked to agree to and have the option to change their preferences at any time;
- Offers to the general public paid for education products and services related to learning about chart analysis, including DVD or video training educational courses, and membership sites. SML provides contractual services for which data is processed to allow SML to carry out its obligations under the contract and for the data subject to receive the products and services.
- Teaches its customers how to use certain chart indicators (e.g. LT Pulse, LT Gamma Confirmation, LT Trend/Ultra, LT Velocity-Force-Progression bars, LT Turbulence, LT Time Projection indicators, LT Sigma, LT Reversion, LT Pro Divergence, LT Cycle of Power, LT 4TF Momentum, LT Elliott Waves etc.) referred to as “Indicators”.
- Teaches its customers how to use certain chart platforms such as MT4, ETX Traderpro, Esignal, Tradestation, Tradingview and Ninjatrader.
- When a data subject enters into a contract for services for SML they agree to sharing their data within SML. The data subjects may change their preferences at any time.
APPENDIX B – LIST OF DATA PROCESSORS OF SML
Auditors and Accountants
External IT Managers and Providers
Paypal
1AutomationWiz
Aweber
Zoho Mail
GotoWebinar
Google
Bluehost
All other third party software, platforms and external consultants in the future.
APPENDIX C – RETENTION TABLE
Policy Updated 22 May 2018