This Privacy Policy describes how and why Intercontinental Exchange, Inc. ("ICE"), New York Stock Exchange LLC ("NYSE") and the ICE affiliates listed in the Sub-Processors document located here: ice.com/data-protection (each an "ICE Affiliate") which provide services through:
www.theice.com, www.nyse.com, or www.intercontinentalexchange.com;
collect and process personal information about you, how this information is protected, and your rights in relation to it.
The Digital Services are owned and operated by ICE. Unless this Privacy Policy states otherwise, in this Privacy Policy, the terms "us", "we" or "our" refer collectively to ICE, NYSE and the ICE Affiliates.
This Privacy Policy applies only to the information collected on the Digital Services. It does not apply to access to ICE's electronic trading platforms, whether provided through the Internet or by other means. Access to ICE's electronic trading platforms is limited to members and participants of the relevant market who have entered into off-line agreements with ICE or an affiliate of ICE for such access, and is governed by the terms of those off-line agreements. Such agreements also explain how the personal information collected by ICE's electronic trading platforms is processed.
We collect personal information from you when you use the Digital Services. The type of information that we collect from you depends on your particular interaction with the Digital Services. We collect information from you directly (such as your registration information), automatically (via technologies such as cookies), and from other sources, including commercially available sources, such as public databases (where permitted by law). We require you to register with the Digital Services to access certain features. When we do, we may collect the following information from you during the registration process:
We and our third party service providers use cookies, web beacons, and other tracking technologies to collect information about you automatically as you use our Digital Services. Examples of this type of information include, but are not limited to;
We may combine this information with other information that we collect about you. For additional information about our use of these technologies, please see “Cookies and Other Tracking Technologies” below and our Cookie Policy.
We also collect information about you from third party sources, including suppliers that help us prevent money laundering and fraud; marketing agencies; identity verification services; and analytics providers. The categories of personal information we collect from these sources are:
We primarily use your personal information to provide our services to you and to respond to your inquiries. We also may use your personal information as follows:
Some of the processing we conduct will involve making decisions about you based on automated processing of your personal information. For example, we may conduct profiling activities to select personalized offers or recommendations for you based on your use of the Digital Services, browsing history. If you are in the EU, where these decisions are based solely on our automated processing of your personal data (e.g., not subject to human review), these types of decisions will not have legal or similar effects on you, but you can still contact us for further information and to object to this use of your personal information.
Under EU privacy law, we must have a legal basis to process personal information. In most cases the legal bases for our processing, under EU law, will be one of the following:
We may obtain your consent to collect and use certain types of personal information when we are required to do so by law (for example, in relation to some direct marketing activities, our use of cookies and tracking technologies or when we process sensitive personal information). If we ask for your consent to process your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this Privacy Policy.
We use cookies and other technologies to automatically collect information when you access the Digital Services. For more information, please see our Cookie Policy
We share your personal information for our business purposes with the following persons/entities and in the following circumstances:
Third Party Service Providers: To enable us to more efficiently provide the products and services you have requested from us, we may share your personal information with selected entities that act on our behalf as our agents, suppliers, or providers, or these entities may collect your personal information on our behalf. These service providers may provide services such as marketing support, technical assistance, data hosting, payment processing and customer service support. We also engage third-party analytics providers to help us understand how users engage with the Digital Services. These analytics providers may use cookies and similar technologies to collect information about your use of the Digital Services as well as information about your use of other websites over time.
Subsidiaries and ICE Affiliates: We share personal information with subsidiaries and the ICE Affiliates for the purposes of providing the services you have requested and to fulfil our contractual obligations to you, and to fulfil legal and regulatory obligations. We may also share personal information with subsidiaries and affiliates for their marketing use and so that they may develop and improve products and services, and subject to applicable law send you promotional and informational communications. California residents should consult our California Privacy Rights section below for additional information about the sharing of information with subsidiaries and affiliates.
Legal Compliance and the Protection of Our Rights: We will share information with regulators, government authorities, and third parties where we believe it is necessary to comply with a court order, subpoena, or regulatory request. We may disclose information when we believe in good faith that such disclosures will: help protect our rights or enforce our Terms of Use; support our detection of, prevention of, or response to fraud or intellectual property infringement; help protect your safety or security; or protect the safety and security of the Digital Services, our services, or any individual.
Transfer of Business Assets: As we continue to develop our business, we might acquire or buy other businesses or assets. In such transactions, customer information generally is one of the transferred business assets. Also, we may transfer any information we have about you as an asset to third parties in connection with the consideration, negotiation, or completion of a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of ICE, NYSE and/or the ICE Affiliates, or as part of a corporate reorganization or stock sale or other change in corporate control, for the purposes of such third parties carrying on our business in relation to the continued provision of our services to you as described in this Privacy Policy.
Additional Sharing: From time to time we share your information with our attorneys, banks, auditors, securities brokers and other professional service providers and advisors in connection with the purposes described above.
The following categories of your personal information may be shared with these parties:
Subject to local law, you may have certain rights regarding your personal information. These may include, depending on the circumstances, the following rights to: access your personal information; rectify the personal information we hold about you; erase your personal information; restrict our use of your personal information; object to our use of your personal information; receive your personal information in a usable electronic format and transmit it to a third party (also known as the right of data portability); receive additional information regarding the sources from which we collect information, the purposes for which we collect and share personal information, the information of yours we hold, and the categories of parties with whom we share your information; lodge a complaint with your local data protection authority; and withdraw any consent you have given to uses of your personal information. If you would like to discuss or exercise the rights you may have, feel free to contact us via email at [email protected], at +1 770 738 2101, Option 1, or send a letter to our Privacy Compliance Officer, 5660 New Northside Drive, 3rd Floor, Atlanta, GA 30328.
California residents should consult the California Privacy Rights section below for additional information about rights regarding personal information.
If you are a registered user of the Digital Services, you may access your personal account information online and make changes by logging into your account.
Your online access to certain of your personal information may be protected with a password you select. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages). You have an obligation to keep your user ID, password and personal information secure. As part of maintaining this obligation we recommend that you do the following:
California law requires that we describe certain disclosures of personal information that involve monetary or other consideration. California law treats such disclosures as “sales” even if no money is exchanged. As disclosed in Section 5, above, we may disclose personal information with subsidiaries, affiliates, and business partners for their marketing use and so that they may develop and improve products and services, and subject to applicable law send you promotional and informational communications. Some such disclosures may constitute “sales” under California law and involve the disclosure of personal information to:
Subsidiaries, ICE Affiliates, and business partners.
The following categories of your personal information may be disclosed in association with such sales:
In addition to the access, disclosure, and erasure rights described in Section 8 above, you have the right to opt-out of the sale (as described above) of your personal information. You may exercise that right by sending a request to [email protected] with “Do Not Sell My Personal Information” on the subject line and in the body of your message.
Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2020 will receive information regarding 2019 sharing activities).
To obtain this information, please send an email message to [email protected] with "Request for California Privacy Information" on the subject line and in the body of your message.
In order for us to authenticate your request, you must include the following information:
The preceding information is necessary to authenticate your request and will be held by ICE for legal and regulatory purposes, including to comply with any rules or regulations promulgated to self-regulatory bodies, for the length of time necessary to comply. If we are unable to authenticate your request we will reply as such to the email address from which your request originated. We will provide the requested information, along with any details of actions we’ve taken, to you at the email address you specify in your request.