Carl Kliem S.A.Carl Kliem Market Data

Privacy Policy

Privacy Policy

This policy (“Privacy Policy”) of CARL KLIEM S.A., residing at L-1150 Luxembourg, 251 Route d’Arlon, registration number B0010821 (“CK”) discloses the practices of CK with respect to the collection of information through the website www.carlkliem.lu (the "Site") and the use of the information.

The Privacy Policy applies solely to the information that CK collects on the Site and does not apply to information CK collects by any other methods and sources.

By using the Site, you agree with the terms of the Privacy Policy.

CK is aware of and complies with the applicable laws and regulations regarding personal data, namely the Law of 2 August 2002 on the Protection of Persons with regard to the Processing of Personal Data, as amended (the “Applicable Law”).

Collection of personal and non personal information

When you register to use the Site, CK may collect and store certain personally identifiable information (“PII”) from you, namely for the creation of a personal account, such as but not limited to, your name, postal address, email address, telephone number, your firm’s name.

CK will not collect PII from your visits to the Site unless you provide it to CK voluntarily and will not require you to provide more information than is necessary to use the Site.

The collected data are intended for the registration and processing by CK, data controller, of your use of the Site in the framework of the Data Market Agreement.

The PII that CK collects on the Site is used only for CK’s own internal purposes, and may be used by CK to contact you to provide you with information CK believes may be useful to you. CK believes that these uses allow it to improve the Site and better tailor it to meet users' needs.

When you connect to the Site, there is certain technical, non-personally identifiable information (i.e. which does not identify any individual) (“Non-PII”) that may be collected and stored through the use of “cookie” technology and IP addresses.

Non-PII may include, but is not limited to, internet browser type, personal computer settings, the number, duration and character of page visits. This information assists CK to update the Site so that it remains interesting to its users and contains content that is tailored to users’ interests.

CK may place a small text file called a "cookie" in the browser files of your computer. The cookie itself does not contain PII, although it will enable the Site to relate your use of the Site to information that you have specifically and knowingly provided to the Site (such as username) and to track your use of the Site. Tracking information is used to create information on user demographics and Site traffic patterns on an aggregate basis and is not connected to the identities or other PII of individual users. You may set your computer browser to disable cookies or to alert you when cookies are being sent.

Disclosure of Information

When you provide your PII on the Site, CK will limit the use of the PII for the purpose for which it is collected in accordance with the terms of this Privacy Policy. 

Other potential limited uses of your PII may include:

- responding to your questions, comments and requests; providing you with access to certain areas and features on the Site, and  communicating with you about your activities on the Site;

- investigating suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the rules or policies of the Site, or the rights of third parties, or investigating any suspected conduct which CK deems improper;

- helping CK develop, deliver and improve its products, services, content and advertising;

- sharing with parent, subsidiary, affiliated companies and promotional partners of CK involved in creating, producing, delivering or maintaining the Site, as required to perform functions on behalf of CK in connection with the Site (such as administration of the Site, administration of promotions or other features on the Site, marketing, data analysis, and customer services);

- transfering any PII that CK has collected about you through your use of the Site to a third party that acquires a portion of CK’s business or in the event that CK sells or otherwise transfers some or all of its assets related to the Site;

- sharing with third party service providers whom CK employs to perform functions on its behalf in connection with the Site (such functions may include, but are not limited to, order fulfillment, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data and providing marketing assistance, processing credit card payments and providing customer service). These third party service providers have access to PII that is needed to perform their functions and may collect or store PII as part of their performance of these functions, but are not authorized to use it for other purposes;

- sharing with third-party contractors or other persons or entities that CK engages in the course of outsourcing the processing of personnal data. PII will be shared with such third-party contractors, persons or entities only to the extent reasonably necessary for them to perform services on CK’s behalf under the applicable law and not for any other purpose, and pursuant to reasonable confidentiality obligations;

- for internal purposes of CK such as auditing, data analysis, research to improve CK products, services and customer communications;

- for other purposes as disclosed when your PII is collected or in any additional terms and conditions applicable to a particular feature of the Site;

- for disclosures required by law, regulation, or court order;

- for the purpose of or in connection with legal proceedings or necessary for establishing, defending, or exercising legal rights;

- in an emergency to protect the health or safety of users of the Site or the general public, or in the interests of national security.

Any use of your PII by authorized third parties shall respect the provisions of the Applicable Law.

In case CK shares the PII with authorized third parties, it may be necessary for CK to transmit the PII outside the jurisdiction set forth below, within or outside the European Union and you agree to such transfer.

Except as provided for herein, CK will not use or disclose any of your PII to any third parties without your specific consent. 

Declarations of CK

CK will collect and process your personal data in accordance with this Privacy Policy and the Applicable Law.

The collection and processing of personal data in relation with the Site has furthermore been duly notified to the Commission Nationale pour la Protection des Données, pursuant to article 12. (1) (a) of the Law of 2 August 2002 on the Protection of Persons with regard to the Processing of Personal Data, as amended.

CARL KLIEM S.A., with registered offices at L-1150 Luxembourg, 251 Route d’Arlon (Registration Number B0010821), is the data controller and is represented by Mika VALANKI.

Personal data are not kept for longer than is necessary for the purposes for which the data are collected or for which they are further processed.  

Other Websites

The Site may contain links to third-party websites or contents over which CK has no control. CK is not responsible for the privacy policies or practices of such other websites and CK encourages you to review the privacy policies, if any, on such websites.

Security pratices and retention

CK undertakes to implement all appropriate and technical measures deemed necessary to safeguard the security of the Site and the data provided on the Site.

CK further maintains rigorous physical, electronic and procedural safeguards to protect processed and collected PII against unauthorised access or disclosure, accidental loss.

However, due to the inherent open nature of the Internet, CK cannot guarantee that communications between you and CK or information stored on the Site or our servers will be completely free from unauthorized access by third parties, such as hackers.

Your use of the Site demonstrates your assumption of this risk.

To the fullest extent permitted by law, CK disclaims all liability and responsibility for any damages (including, but not limited to, any and all direct, special, indirect, consequential or punitive loss, or other damages of any kind, whether in contract (including fundamental breach), tort (including negligence), or otherwise) that you may suffer due to any loss, unauthorized access, misuse, or alteration of any information you submit to the Site.

CK retains collected PII as long as it is necessary for the execution of the Market Data Agreement unless a longer retention period is required by the Applicable Law.


Severability

If any term or provision of this Privacy Policy shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

Changes and Updates to the Privacy Policy

CK reserves the right to change or update this Privacy Policy at any time and without prior notice to you. Please check back from time to time for any changes or updates to the Privacy Policy, which will be posted on the Site and will reflect an updated effective date on the first page of the Privacy Policy should any changes or updates be made.

It is your responsibility to review this Privacy Policy periodically.

Right of Access and Right to Object to the Personal Information

You may at any time exercise your rights of access, rectification, cancellation and opposition with respect to your personal data :

- by writing to the email address compliance@carlkliem.lu or

- by sending a correspondence to :

CARL KLIEM S.A.,

Attn: Compliance Department

251 Route d’Arlon

L- 1150 Luxembourg

Governing Law/Jurisdiction

All matters relating to the Site and/or this Privacy Policy are governed by the laws of the Grand-Duchy of Luxembourg.

Exclusive jurisdiction and venue for any legal proceeding relating to the Site and/or this Privacy Policy shall be in appropriate courts located in Luxembourg City.

Revised: February 2014