Introduction

At Derivative Logic Inc., we know you care about how your personal information is used and shared, and we take your privacy seriously. We believe it is important for you to understand when, how and why we collect personal data as you use our websites, utilize our products and services, contact us, attend our events or interact with us in any way, shape or form.

This Privacy Policy outlines the scope of our relationship with you and your data and details your rights to control how we use your data. We recognize that one of our fundamental responsibilities is to protect the privacy of the information provided by you and we endeavor to always be good stewards of your data.

Contents

  1. Who is Derivative Logic?
  2. What information does Derivative Logic collect?
  3. How does Derivative Logic use the information we collect?
  4. How do we share and disclose information?
  5. What happens if you don’t give us your data?
  6. How can you opt out or unsubscribe from Derivative Logic’s marketing emails?
  7. How can you review, correct or remove your data?
  8. Where is your personal information stored?
  9. Who can access your personal information?
  10. How does Derivative Logic use cookies?
  11. How does Derivative Logic handle the data of children?
  12. Does Derivative Logic’s Privacy Policy cover other websites?
  13. How can you learn if Derivative Logic has updated its Privacy Policy?
  14. How can you contact Derivative Logic regarding your personal data?

1. Who is Derivative Logic?

Derivative Logic Inc. (“Derivative Logic”) is an independent financial risk management firm helping clients understand common yet complex capital markets challenges. Derivative Logic works with over 1,000 clients globally, providing advisory and technology solutions to Corporations, Financial Institutions, Private Equity, Real Estate and Municipal entities through our offices in the United States. Since its founding in 2006, Derivative Logic has transacted over $500 billion notional, helping clients understand and use debt and derivatives as a critical piece of their financial strategy. Derivative Logic is committed to delivering trust and transparency in the capital markets.

Derivative Logic Inc. is a United States corporation registered in the State of California. As used in this Privacy Notice, Derivative Logic (also “we”, “us”, “DL” or “our”) includes all affiliated companies of Derivative Logic Inc.

This Website Privacy Notice (“Privacy Notice”) applies to derivativelogic.com and ratecap.net, their subdomains and other affiliated pages. Derivativelogic.com and ratecap.net are comprised of various global, regional or practice-specific websites and web pages provided by Derivative Logic, one of its affiliated companies (the “Website”).

2. What information does Derivative Logic collect?

Derivative Logic collects behavioral and personal information about our clients, potential clients and partners to continually improve your experience with our Website, products and services. The type of information we collect is based on how you interact with us, and you are always welcome to explore our Website without providing any personal information about yourself, although access to our gated content requires you to provide some basic personal information.

We collect information about our users in the following ways:

A. Information you give us

We will collect any personal information you choose to provide to us, for example, to sign up for an email subscription, request gated content (e.g., download a white paper), register for an event or contact a Derivative Logic representative. If you contact us, we will retain the correspondence and use any relevant information to respond to your inquiry, inform you of our services or keep a record of your request.

Examples of the personal information we collect from you include:

  • Name
  • Job title
  • Company name
  • Email address
  • Postal address
  • Telephone number
  • Any other information you choose to provide to us

While the transaction data we collect and store for our clients is not considered to be personal data, it is considered proprietary and confidential, and will be provided the same care, discretion and rigorous protection as with any personal data we collect.

B. Information we collect about you

As is typical of most websites, we use cookies, pixel tags and other similar technologies on our Website to automatically collect certain information about the way you use our services. These tools help us improve the quality, usability and performance of the services we offer to you through aggregate information that does not reveal your specific identity and cannot reasonably be used to identify any particular individual user.

Examples of the data we automatically collect include:

  • Device information. We collect specific information about the device you use to access our Website, including device type, model, screen size, operating system, IP address and network carrier.
  • Usage information. We collect data about each visit to our Website such as your IP address, geographical location, browser type, pages viewed, length of session, time of visit and referring website.
  • Other information. We collect demographic information, interest information (like market affinity categories) and other information.

3. How does Derivative Logic use the information we collect?

We will never sell or rent your personal information to anyone. We handle your information where you have given consent to collect your data, where it is necessary in order for us to perform a contract which we have entered into with you, where a legal or regulatory obligation requires us to do so or where it is in furtherance of our legitimate interests in operating our Website or business.

A. Website administration

We utilize your data to better understand how people use our services so that we can continue to improve the Website to ensure that content is presented in the most effective manner. We collect IP addresses to identify the general locations of our users and block disruptive or improper use of our Website. We also use your personal data to tailor the content and information that we may send or display to you and otherwise personalize your experience while using our Website.

B. Marketing

We collect your personal data to determine the effectiveness of our campaigns. We also use your personal data to market to you, including sending you promotional materials or communications regarding services by us or to send you information which we think may be of interest to you—but only if this in accordance with your marketing preferences. You will always be able to opt-out of such communications at any time by contacting us at privacy@derivativelogic.comor by clicking the “unsubscribe” link at the bottom of the communication.

C.  Service Administration

We collect your data to help us manage our relationship with you, including responding to your requests or queries, meeting our obligations under any contracts we have entered into with you, seeking feedback on the services we have provided to you or providing you with information and other services we offer that are similar to those that you have already engaged or inquired about. We also collect your data to provide customer support, including managing your use of services and sending customer updates and administrative communications, such as changes to our terms, conditions and policies. We may also use your data to help us investigate and prevent fraudulent activities, unauthorized access to our services and other illegal activities. We may collect your data for any other purposes for which we will notify any impacted clients.

4. How do we share and disclose information?

We do not rent or sell your personal information to anyone under any circumstances. We will share and disclose information about our clients in the following limited circumstances:

A. Affiliates

We will share your personal information with any Derivative Logic entity for purposes consistent with this Privacy Policy.

B. Service Providers

We will also share your information with vendors, consultants and service providers so they can perform tasks on our behalf. These companies are not permitted to use your information for their own purposes and they only handle your data at our express direction. We use these companies to provide products, services, communication, marketing offers and customer services, among other tasks. We utilize payment processing vendors, web analytics companies such as Google Analytics, CRM service providers, email service providers, third-party site advertising platforms, technical service providers and others.

C. Business Partners

We will also share your data with third-party business partners who sponsor events and other offerings with us. We share personal information with these co-sponsors when you sign up for events or offerings to allow our partners to send you marketing communications and information that may be of interest to you, as permitted under applicable law.

D. Business Transfers

In some cases, we buy or sell assets or businesses. In these types of transactions, personal information is typically one of the business assets that is transferred. We may disclose personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).

E. Protection of Derivative Logic and Others

We will share your personal information where we have under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce any contract or other agreements; or to protect the rights, property or safety of Derivative Logic, our clients or others.

F. Disclosures for National Security or Law Enforcement

Under certain circumstances, we may be required to disclose your personal information in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

G. Google Advertising and Google Analytics

We use the full suite of Google Advertising and Google Analytics features and products, including Remarketing with Google Analytics, Google Display Network Impression Reporting and Google Analytics Demographics and Interest Reporting.

H. Cookies

We use cookies to identify targets, place advertisements and judge how well our marketing campaigns are reaching relevant audiences. You can opt out of all Google Analytics Advertising Features using NAI’s consumer opt-out, as well as Google Analytics’ opt-out.

5. What happens if you don’t give us your data?

You can enjoy many of the Derivative Logic’s services without providing any personal data. You can still visit our site, but we may not be able to provide certain services or offers to you without your personal data. Some personal data is necessary so that Derivative Logic can supply you with the services you have requested, and to enable authentication for authorized system users.

6. How can you opt out or unsubscribe from Derivative Logic marketing emails?

You can opt out of receiving any marketing emails by contacting us at privacy@derivativelogic.com or by clicking the “unsubscribe” link at the bottom of the communication and unsubscribing. While you may opt out of receiving any marketing emails from us, the request would not apply to any business emails from us, including those dealing with administrative or transactional matters.

7. How can you review, correct or remove your personal data?

If you are located in the European Union, then you have additional rights in regard to your personal data. If you are an individual in the EU and we are collecting your personal data, then you have several rights with respect to that information:

  • To learn whether we are collecting your personal information;
  • To receive a copy of your personal information;
  • To request that we correct any errors, outdated information or omissions in your personal information;
  • To request that we no longer use your personal data to contact you for marketing purposes;
  • To request that we provide the personal information you have provided to us to a third party; and
  • To request that we delete your personal information.

We will require you to confirm your identity with approved identification when you contact us to exercise your rights.

Please note that while we will strive to meet your request regarding your rights to your personal data, there will be instances where local laws and regulations will require us to maintain your records despite your request.

To exercise any of your rights please complete the form in our Data Request Center or contact us at privacy@derivativelogic.com.

8. Where is your personal information stored?

Your personal data is stored by Derivative Logic on its servers located in the United States and on servers of the cloud-based database management services Derivative Logic engages. These third parties do not use or have access to your personal data for any other purpose than cloud storage and retrieval. Derivative Logic retains data in perpetuity.

Derivative Logic is a global company with affiliates and third-party providers located in the United States, Canada and the European Union. Your personal data may be accessed from, stored or processed in these countries or any other country where Derivative Logic or its third-party providers are located. Your personal data may be accessed from, stored or processed in a jurisdiction that does not have privacy laws that provide equivalent protections to those in your home country. Please be assured that we will protect all personal data under our control in accordance with this Privacy Policy and take reasonable steps to ensure that as good stewards we protect your data using industry best data security practices as identified by reputable sources, including NIST and ISO.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to help prevent unauthorized access.

To ensure the security of your data, Derivative Logic and its affiliates adhere to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce with respect to personal information that is transferred from the European Economic Area and Switzerland to the United States within the scope of Derivative Logic’s Privacy Shield certification.

We retain personal information about you for the period necessary to fulfill the purposes outlined in this Privacy Notice or until you request that your personal information be removed from our records, unless a longer or shorter retention period is required or permitted by applicable law.

9. Who can access your personal information?

To help protect the privacy of data and personal information you provide to us, we maintain physical, technical and administrative safeguards. We update and test the security of our application and infrastructure on an ongoing basis. We restrict access to your personal data to those employees who need to know that information in order to perform their responsibilities. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.

10. How does Derivative Logic use cookies?

This Website uses cookies to improve the user experience and ensure that the website is functioning effectively. In order to provide you with a more personalized and responsive service, we need to remember and store information about how you use this Website. This is done using small text files called cookies.

Cookies are designed to contain a small amount of information specific to a particular user and website. Cookies are stored on the web server as well as a user’s device and allows the server to deliver a website experience tailored to a particular user’s preferences.

Whenever you use this Website, information may be collected through the use of cookies and other technologies. We use cookies to evaluate your use of the website, compile statistical reports on activity, identify targets, place advertisements and judge how well our marketing campaigns are reaching relevant audiences.

You can opt out of cookies on our Website by category, except for those that are deemed strictly necessary, by clicking on the link below:

Cookie Settings

Do Not Track or DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. This website does not currently respond to DNT requests.

11. How does Derivative Logic handle the data of children?

This Website is not designed for or intentionally targeted at children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.

12. Does Derivative Logic’s Privacy Policy cover other websites?

Our Website may, from time to time, contain links to other websites. If you follow a link to any of those websites, please note that those websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to those websites. Our link does not equal an endorsement of those sites, their owners or their practices. This Website uses interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to share information from this Website through these services, you should review the privacy policy of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your site visit to your personal data.

13. How can you learn if Derivative Logic has updated our Privacy Policy?

Derivative Logic may modify this Privacy Notice from time to time to reflect our current privacy practices. When we make changes to this Privacy Notice, we will revise the updated date at the bottom of this page. We encourage you to periodically review this Privacy Notice to keep informed about how Derivative Logic is protecting your information.

14. How can you contact Derivative Logic regarding your personal data?

Derivative Logic is committed to protecting the privacy of your personal data. If you have questions, comments or requests relating to our administration of your personal data, please contact us at . Questions, comments and requests may also be addressed to our data controller:

Jim Griffin
Derivative Logic Inc.
1855 San Miguel Drive
Suite 6
Walnut Creek, CA 94596
USA

Telephone: 415 510 2100

Email: privacy@derivativelogic.com

If you are located in the European Economic Area, then you have the right to lodge a complaint with your local data protection authority or the Information Commissioner’s Office (ICO) in the United Kingdom, which is Derivative Logic’s lead supervisory authority in the EU. Concerns may be reported on the ICO’s website, by emailing the ICO or by contacting the ICO’s head office:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113

Derivative Logic has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to BBB EU Privacy Shield, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the BBB EU Privacy Shield website for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

Last Updated: January 1, 2019