Privacy Policy

Last Update: January 2022

1. Introduction

Welcome to Trayport’s Privacy Policy.

Trayport respects your privacy and is committed to protecting your Personal Data. This Privacy Policy will inform you as to how we look after your Personal Data when you visit www.trayport.com (our “Website”) (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you

2. Important information and who we are

2.1 PURPOSE OF THIS PRIVACY NOTICE  

This Privacy Policy (together with our Website Terms of Use & Disclaimer, Acceptable Use Policy and Cookie Policy) aims to give you information on how Trayport collects and processes your Personal Data through your use of the Website (e.g. access, browsing, and registering to use), including any data you may provide when you enquire about our business, purchase a product or service, subscribe to a product or service, subscribe to our newsletter and/or email and text alerts, or correspond with us.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

2.2 CONTROLLER

Trayport is made up of different legal entities, details of which can be found in our Legal Notice.

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 this website.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

2.3 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 our DPO in the following ways:

Full name of legal entity: Trayport Limited
Company Number: 02769279
ICO Registration Number: Z7577422
Postal address: 7th Floor, 9 Appold Street, EC2A 2AP
Email address: dataprotection@trayport.com
Telephone: +44 (0)20 7960 5500

You have the right to make a complaint at any time to the supervisory authority in the Member State of your habitual residence, place of work or place of the alleged infringement (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.

2.4 CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES  

We keep our Privacy Policy under regular review. This version was last updated on the date set forth at the beginning of this Privacy Policy (Last Update). Any changes we make to this Privacy Policy in the future will be uploaded to the Website. Please check back frequently to see any updates or changes to our Privacy Policy.

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.

2.3 THIRD-PARTY LINKS  

The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

3. The data we collect about you

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 Trayport products and services 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 the Website.
  • Profile Data includes your username and password, details of any purchases or orders made by you and/or the company you represent, any queries, (Website blog, bulletin board and chat rooms) comments, feedback and survey responses, or complaints you send us in relation to our business relationship.
  • Usage Data includes information about how you use our Website, products and services, including information about your 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 products and 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 such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website 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.

IF YOU FAIL TO PROVIDE PERSONAL DATA. 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 goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time

4. How is your personal data collected

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 provide when you:
  • register to use our Website
  • apply for our products or services;
  • subscribe to our service, publications or newsletter;
  • register and partake in our Website blog, bulletin board and chat rooms;
  • 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 Website, we will automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other website 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 various third parties, including search information providers and analytics providers such as Google. We may also receive your Contact, Financial and Transaction Data from providers of technical, payment, credit check and delivery services, and your Identity and Contact Data from publicly available sources, data brokers or aggregators, and our business partners.

5. How we use your personal data

We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances (each known as a “lawful basis”):

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where we need to provide you with assistance in relation to your queries.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation, for example we may process your Identity, Contact, and Financial Data to comply with laws on money laundering prevention and crime or financing terrorism processes.

Generally, we do not rely on consent as a legal basis for processing your Personal Data although we will obtain your consent before sending third party direct marketing communications to you via email or text message and before sending our newsletter to you via email. You have the right to withdraw consent to marketing and/or to receiving our newsletter at any time by contacting us at dataprotection@trayport.com.

5.1 PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.

 Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new client/your authorised users (a) Identity

(b) Contact

(c) Financial

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation (e.g. regulatory requirements and sanctions)

(c) Necessary for our legitimate interests (to protect us from bad creditors)

To process and deliver our services including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To administer Trayport’s business, systems software, and services (a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Technical

(f) Profile

(g) Usage

(h) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for Trayport’s legitimate interests (for running our business and an effective administration, to share services within the group, to maintain network security, to prevent fraud, to keep Trayport’s records updated, to study how customers use our Trayport products and services, to keep Trayport’s Website updated and relevant, to inform Trayport’s marketing strategy, to develop and improve our Trayport products and services and grow our business)

To manage our relationship with you which will include:

(a) Notifying you about changes to our products and services, Website Terms of Use & Disclaimer, Acceptable Use Policy, Cookie Policy or this Privacy Policy)

(b) Asking you to register and partake in our Website blog, bulletin board and chat rooms

(c) Asking you to leave feedback or take a survey

(d) Offering you to subscribe for email and text alerts to the Trayport products and services you use

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our Trayport products and services)

To enable you:

(a) To register and partake in our Website blog, bulletin board and chat rooms

(b) To partake in a competition, promotion or complete a survey

(a) Identity

(b) Contact

(c) Technical

(d) Profile

(e) Usage

(f) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to keep our Website updated and relevant and to study how customers use our Trayport products and services, to develop and improve them and grow our business)

To administer and protect our business, systems, software, services and our Website (including troubleshooting, data analysis, testing, system maintenance, support, report and hosting of data) (a) Identity

(b) Contact

(c) Technical

(d) Usage

(a) Necessary to comply with a legal obligation

(b) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

To use data analytics to improve our Website, Trayport products and services, technical support, marketing, customer relationships and experiences (a) Technical

(b) Usage

Necessary for our legitimate interests (to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity

(b) Contact

(c) Technical

(d) Profile

(e) Usage

(f) Marketing and Communications

Necessary for our legitimate interests (to study how customers use our Trayport products and services, to develop them, to grow our business and to inform our marketing strategy)
To make suggestions and recommendations to you about similar Trayport products or services that may be of interest to you

 

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our Trayport products and services and grow our business)

 

To send you our newsletter and let you know about other (not similar) Trayport products and services (a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Your consent

 

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 products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or you and/or the company you represent purchased similar Trayport products and services and you subscribed to use them and you have not opted out of receiving that marketing. 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

6. Disclosures of your personal data

We may share your Personal Data with the parties set out below, for the purposes set out in the “Purposes for which we will use your Personal Data” table above:

  • Other companies in the Trayport group
  • TMX Group Limited (“TMX”) (the ultimate holding company of Trayport Limited)
  • Business partners where doing so is necessary for the performance of our contractual relationship with you
  • Service providers who provide Trayport with IT and system administration services
  • Professional advisers including lawyers, bankers, credit check providers, auditors and insurers
  • HM Revenue & Customs (United Kingdom), regulators and other authorities
  • Any third parties to whom we may choose to sell, transfer or merge parts of the Trayport business or assets.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third party service providers to use your Personal Data for their own purposes, and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

7. International transfers

We may share your Personal Data within the Trayport group, with TMX, and with other partners outside of the United Kingdom (that has been deemed to provide an adequate level of protection by the European Commission) and/or the European Economic Area (“EEA”), when doing so is necessary for the purposes mentioned in this Privacy Policy. Whenever we transfer Personal Data out of the UK and/or the EEA, we adhere to the protections for international transfers approved by the ICO and/or the European Commission. Please contact us if you want further information on the specific transfer mechanism.

8. Data security

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. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. 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.

9. How long will you use my personal data for?

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.

Please contact us using the contact details set out in this Privacy Policy if you have any questions regarding data retention.

10. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. If you wish to exercise any of your legal rights, please contact us using the contact details set out in this Privacy Policy.

You have the right to:

  • Request access to your Personal Data (commonly known as a “subject information request” and/or “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
  • Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; and (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

10.1 NO FEE USUALLY REQUIRED  

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We will notify you if this is the case at the time

10.2 WHAT WE MAY NEED FROM YOU  

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

10.3 TIME LIMIT TO RESPOND  

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10.4 EXCEPTIONS

It may not be possible for us to delete your Personal Data if we are required to keep it by law or if we hold it in connection with a contract with you. Similarly, access to your Personal Data may be refused if making the information available would reveal Personal Data about another person or if we are legally prevented from such disclosure.