Fluent Platform Privacy Policy

Last Updated: August 08, 2013

This privacy policy (this “Privacy Policy”) in intended to inform you about how Fluent Trade Technologies Limited, a company having a place of business at 05, Rue de Bonnevoie L-1260 Luxembourg (“Fluent”, “we”, “our”, or “us”) collects and uses personally identifiable information ("PII"), Customer Data (as hereinafter defined) which is uploaded, submitted to us or otherwise received through our proprietary end-to-end, turn-key ecosystem platform for automated trading systems and brokers, including without limitation data processing, trading, database warehousing, data distribution, monitoring, risk management and hosting functionality, when accessed and used by our subscribers (“Subscribers”) and their authorized users (“Users”, and collectively with Subscribers, “Customers”, “you”, “your” and “yours”) through a customized interface and/or via downloadable software to their computer systems, which is currently branded under the names "Fluent™" (the “Platform”). “Customer Data” means confidential or proprietary data in various forms which is transmitted through the Platform by or from a Subscriber or any of its Users or is otherwise provided by either or both of them to Fluent, including without limitation PII related to such Subscriber and/or any such User(s), technical or diagnostic information related such Subscriber and/or any such User(s), information of such Subscriber’s and/or User(s)’ technical environment or proprietary application usage and behavior, and all information transmitted to Fluent via system logs by such Subscriber and/or any such User(s).

For the sake of clarity, a prospective Subscriber and a prospective User who are using the Platform on a trial basis shall also be deemed to be a "Subscriber" and a “User”, respectively, for purposes of this Privacy Policy. All references to "you", "your", and "yours" hereunder shall refer to either Subscribers or Users or to both Subscribers and Users collectively, as applicable; provided, however, that such terms will refer collectively to both Subscribers and Users unless the context of this Privacy Policy indicates otherwise.

This Privacy Policy governs your use of the Platform accessible via API, software download, software installation, hardware installation, internal IP addresses and/or various URLs operated by us, such as www.fluenttech.net but will not apply to your use of components of the Platform which are operated or controlled by third party vendors or other providers who assist us or who fulfill tasks requested by us on your behalf. Regarding such third parties, while we ensure that all such third parties are under contract with us to maintain the confidentiality of your Customer Data, the use of your Customer Data by such third parties will be subject to the privacy policies of such third parties rather than the provisions of this Privacy Policy.

How can the terms of this Privacy Policy be modified?

We reserve the right to modify this Privacy Policy at any time. You agree to review this Privacy Policy periodically to be aware of all such modifications. You further agree that your continued use of the Platform after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Privacy Policy. We will indicate that changes to this Privacy Policy have been made by updating the date indicated after “Last Updated” at the beginning of this Privacy Policy. We will be happy to provide you with prior versions of this Privacy Policy upon your written request to us. If you do not agree to abide by the initial version or any modified version of this Privacy Policy, then you are not authorized to use the Platform. The current version of this Privacy Policy is accessible via www.fluenttech.net, a link to which is provided to you upon your initial registration with the Platform.

How does the Platform Work?

The Platform enables Subscribers to register with us, either by affirmatively executing a evaluation agreement with us located at www.fluenttech.net/evaluationagreement by means of a click-through consent or other legally enforceable mechanism, or by executing a subscription agreement with us, after which they may utilize the Platform’s functionality to execute transactions and otherwise utilize the Platform’s full functionality as selected by each such Subscriber.

By using the Platform, you consent to the collection and use of your Customer Data by Fluent and by third parties, as described in this Privacy Policy and by all other applicable privacy policies of such third parties.

What type of Customer Data does Fluent collect from you and how do we use it?

Subscribers submit various forms of their PII and other confidential information to the Platform, including without limitation, their name, company name and address, phone number, email address, intended purpose of use, as well as all such information for each of their Users. Subscribers may also provide us with certain financial information that constitutes PII and/or confidential information, such as their government identification and professional credentials and other proof of experience. Fluent must be provided with complete and accurate information about each User in order to meet certain compliance requirements with exchanges and other third parties who provide services through the Platform.

Fluent uses your Customer Data in order to execute your transactions and otherwise to fulfill your requests as indicated by your use of the Platform, and in order to provide any services you request from us (including without limitation support, maintenance and/or customization services).

Unless Fluent is requested by you to provide a Subscriber with a service in connection with which the Customer Data relating to such Subscriber would be beneficial (as determined by Fluent in its sole discretion), Fluent will not under ordinary circumstances review the Customer Data of a Subscriber. But Fluent, and third parties acting on behalf of Fluent, may need to access and use such information in connection with updates, maintenance, fixes repairs, restore and the like of the Platform; provided that any such third parties shall be subject to a non-disclosure agreement with Fluent which obligates such third party to keep your Customer Data strictly confidential. Thus, before sharing any Customer Data of a Subscriber with Fluent, such Subscriber should understand that (a) all such Customer Data (specifically order and trade data and other information contained in certain system logs) provides Fluent (and/or third parties working at the request of Fluent) with a significant amount of information regarding such Subscriber’s and its Users’ behavior in using the Platform, including without limitation their trade methodology, system environment and client application design and behavior, and (b) the provision of Customer Data to Fluent by you is entirely voluntary. However, in order for us to provide the support and maintenance services requested by a Subscriber, Fluent (and/or third parties acting at the request of Fluent) will need to access certain of the system logs and other Customer Data belonging to such Subscriber. If a Subscriber decides (as it may determine in its sole discretion) not to provide a complete version of its system logs to Fluent (or otherwise not to provide certain Customer Data to Fluent) in circumstances in which Fluent determines that it needs access to such Customer Data in order to provide such services, then Fluent's ability (and/or the ability of third parties acting at the request of Fluent) to provide such services or make any improvements for Customer's benefit may be significantly limited or completely prevented as a result of such decision by such Subscriber. In such a case, Fluent may terminate its relationship with such Subscriber due to our inability to properly service such Subscriber and/or its Users.

Third party vendors who support the Platform may also gain access to your Customer Data in performing support or maintenance services for us. We will take commercially reasonable steps to ensure that all such third parties have agreed in writing to maintain the confidentiality of all Customer DataFluent will also disclose Customer Data and your other information to our subsidiary Tradigo, who provides ongoing maintenance and support services for the Platform. Tradigo and its personnel are obligated by contract to maintain the confidentiality of all such information.

Fluent may also provide your Customer Data to individuals or entities with whom the Platform interfaces for compliance or other regulatory purposes. These individuals or entities may use your Customer Data to help fulfill your requests in connection with the Platform and to help us communicate with you about different functionality or resources offered through the Platform. For example, we may transfer certain of your Customer Data to the various exchanges (including without limitation the New York Stock Exchange CME, London Stock Exchange and the Nasdaq) with whom the Platform interacts, other providers and other third parties who assist us in operating the Platform or who help us in executing requests made by you. Such third parties may also have the right to audit our records and thus may gain full access to your trading methodology and behavior. We will provide all information duly requested by such exchanges or similar third parties as permitted under applicable law.

Fluent may list Subscriber names and logos in customer lists which are included from time to time in our marketing materials (without otherwise implying any endorsement by you of the Platform or Fluent), provided that you have not expressed your desire in writing for us not to so use of your name and/or logo.

Under what other circumstances may we release your Customer Data to third parties?

Other than as described above, we may also release your Customer Data to third parties if we believe that such release is necessary to comply with the law (e.g., a legal process or a statutory authorization or requirement) or a court order, to apply or enforce any of our agreements with you or otherwise protect our interests, to protect other Subscribers or Users, to protect against the fraudulent, abusive, or unlawful use of the Platform, or if we reasonably believe that a danger to any person or property requires disclosure of such Customer Data.

Our rights under this Privacy Policy may be automatically assigned by Fluent, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy.

How do we store and safeguard information?

Fluent takes steps consistent with commercially reasonable industry standards to secure Customer Data collected from you, from loss, misuse, unauthorized access and accidental destruction while under our control. For example, all communication to and from our Platform from a Subscriber’s control system is encrypted with SSLv3 or TLSv1 encryption. However, please note that despite our efforts to protect information provided to us, we cannot guarantee that such information will not be lost, disclosed or accessed by accidental circumstances or unauthorized acts. Further, there may be ways that a breach could occur from a Subscriber’s system in a manner so that we may not learn of such breach in a timely fashion ,and in such an event we would not be able to alert you of such a breach.

What do we do with your information after you no longer subscribe to the Platform?

Upon any termination of a Subscriber’s subscription, Fluent may keep Customer Data for a reasonable period of time thereafter (for approximately 90 days) at its own expense, in order to enable Customer to easily renew its subscription of the Platform at a later time. However, Fluent will not be obliged to store any such information unless it has specifically agreed to do so in a writing signed with such Subscriber.

Do we have a mechanism to address the handling of information that we collect?

If you have questions or concerns about any of our information collection or handling practices, please contact us at info@fluenttech.net or write to us at Fluent Trade Technologies Limited, an address at 570 Lexington Ave, 20th floor, New York, NY 10022.