Talos Privacy Policy

LAST UPDATED: March 27, 2023

Talos Trading, Inc. and its affiliates (collectively, “Talos,” “we,” “us,” and “our”) provides bilateral trading platform services that include pre-trade price discovery, order routing and execution, and portfolio management tools. This statement (“Privacy Policy”) is designed to help you understand how we collect, use, and share the personal information we collect from or about you when you use our websites and other services that include an authorized link or reference to this statement (“Services”), and to help you understand and exercise your privacy rights, where applicable. If your details are processed by us in the context of an agreement with you or the institution with which you are employed or affiliated, then the relevant data controller is the Talos entity identified in the contract. Otherwise, the data controller is Talos Trading, Inc. when you use our Services. For information on how to contact us, please refer to Section 12 below. 

This Privacy Policy does not apply when Talos is processing your personal information as a service provider to our customers. We obtain certain information about you to provide them with Services. Our customers operate independently from us, and your agreement with the relevant customer governs how they use and share your personal information, including with Talos. Each customer’s privacy practices are subject to their privacy policies. If you have questions about a customer’s privacy policy, please direct those questions to the customer.

1. Personal Information We Collect

2. How We Use Your Information

3. How We Disclose Your Information

4. Your Privacy Choices and Rights

5. Security of Your Information

6. International Data Transfers

7. Retention of Personal Information

8. Supplemental Notice for California Residents

9. Supplemental Notice for Nevada Residents

10. Children’s Information

11. Other Provisions

12. Contact Us

1. Personal Information We Collect

We may collect or receive personal information that you provide to us directly, or that we obtain automatically when you use our Services, or that we obtain or receive from other sources, such as third-party services and organizations as described below.

A. Information You Provide to Us Directly

We may collect the following personal information that you provide to us:

  • Account Creation. We may collect information when you create an account with us, such as name, email address, phone number, business information such as company name and job title, and other sensitive information to conduct anti-money laundering and other required regulatory checks.
  • Usage Information. We may collect information related to your use of and interactions with our Services, such as your name, account information, and trade information such as amounts traded.
  • Financial Information. We may collect information such as your bank account details and billing address.
  • Your Communications with Us. We may collect personal information such as name, email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us.
  • Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
  • Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide on the public sections of these features will be considered “public”, unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
  • Contact Information. We may collect personal information from individuals when we attend conferences, trade shows, and other events. 

B. Information Collected Automatically

We may collect personal information automatically when you use our Services, including:

  • Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services. When we send you emails, we may track whether you open them to learn how to deliver a better customer and user experience and improve the Services. In addition, we may collect information that other people provide about you when they use our Services.
  • Cookies, Pixel Tags/Web Beacons, and Other Technologies. Cookies are small text files placed on internet browsers that store information such as device type and configuration, preferences (e.g., language, time zone), and other information, to facilitate and enhance your online experience. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement with our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

Our uses of these Technologies fall into the following general categories:  

  • Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security, or that allow you to make use of a particular functionality;
  • Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
  • Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
  • Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.
  • Analytics. We may use Technologies and other third-party tools to process analytics information on our Services, such as Google Analytics. For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.
  • Social Media Platforms. Our Services may contain social media plug-ins (that might include widgets such as the “share this” button or other interactive mini programs). These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the company providing it.

See Section 4 below to understand your choices regarding these Technologies.

C. Information Collected from Other Sources

We may obtain information about you from other sources, including your name and email address from our customers, in order to create an account for you. 

If you do not provide certain information when requested, you may not be able to use the Services (or certain features or functionalities of the Services) if that information is necessary to provide you with the Services or if we are legally required to collect it.

2. How We Use Your Information

We may use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, and other purposes, as described below.

A. Provide Our Services

We use the personal information described above for the following business purposes: 

  • To provide the Services. We may use your information to manage your information and accounts; provide access to certain areas, functionalities, and features of our Services; identify and authenticate access to our Services; process your transactions, and for other related purposes. 
  • To send you electronic correspondence. We may answer requests for customer or technical support and communicate with you about your account, activities on our Services, and policy changes.
  • To enable you to register for online or in-person events.
  • Any other purposes related to providing the Services, which we may disclose to you at the time of collection.

B. Administrative Purposes

We use your information for various administrative purposes, such as:

  • To improve our Services. We may use your information for research and development (including marketing research), network and information security, and fraud prevention; to measure interest and engagement in our Services; to improve, upgrade or enhance our Services; and to develop new products and Services.
  • To keep the Services, business, customers, and users safe and secure. This includes detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; ensuring internal quality control and safety; authenticating and verifying individual identities; debugging to identify and repair errors with our Services; and auditing relating to interactions, transactions and other compliance activities.
  • To comply with applicable laws and regulations. This includes, for example, meeting or complying with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on us, or which we have been advised, recommended or informed that we are expected to comply with (including disclosures to regulatory bodies, conducting audit checks, surveillance and investigation, and due diligence), internal policies, assisting law enforcement or investigations by relevant authorities, and/or handling your information protect or exercise our legal rights or defend against legal claims.

C. Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content, advertisements, and marketing materials. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking. If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below.

D. Other Purposes

We also use your information for other purposes as requested by you or as permitted by applicable law.

  • Other Purposes. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information, and will obtain your consent when doing so if required by applicable law.

E. Legal Basis

Where applicable law requires a legal basis to process personal information, we do so in accordance with the following: 

  • To fulfill our contractual obligations to you – for example, to provide you the Services in accordance with our Terms; 
  • To comply with legal obligations – for example, to comply with laws in relation to due diligence, accounting, taxes, and others; 
  • To pursue our legitimate interests – for example, to improve and customize our Services; and 
  • With your consent – for example, applicable laws may require us to obtain consent to collect and use your personal information or sensitive personal information, or send marketing materials to you. 

F. De-identified and Aggregated Information

We may use your personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. Such aggregated and/or de-identified data is not subject to this Privacy Policy.

3. How We Disclose Your Information

We may disclose your information for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. Disclosures to Provide our Services

The categories of third parties with whom we may share your information are described below.

  • Service Providers and Others Providing Us Services. We may share your personal information with our third-party service providers and others who use that information to help us provide our Services. This includes service providers that provide us with IT support, email deployment, security and performance monitoring, hosting, payment processing, customer service, and related services.
  • Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.
  • Corporate Affiliates. We may share your personal information with our company affiliates, for our administrative purpose including activities such as IT management, for them to provide services to you, or support and supplement the Services we provide.
  • Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
  • APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth below.

B. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

D. With your Consent

We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent.

4. Your Privacy Choices and Rights

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

  • Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that by using our Services, you may continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding security, privacy, and administrative issues and communications regarding our Services or updates to our Terms or this Privacy Policy). We process and honor requests to be placed on do-not-mail, do-not-phone, and do-not-contact lists as required by applicable law. 
  • Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information if you use our mobile application. You may opt out of this collection by changing the settings on your mobile device. You may also stop further data collection from a mobile application by deleting it from your mobile device.
  • “Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers as there currently is not an industry or legal standard for recognizing or honoring them.
  • Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.  Please note you must separately opt out in each browser and on each device. In addition to the choices mentioned above, applicable law may give you additional choices, such as the possibility to withhold or withdraw consent, or to opt out of the sharing of your data for certain purposes, as described in greater detail below. 

Your Privacy Rights.

In accordance with applicable law, you may have the right to:

  • Access Personal Information about you, including: (i) confirming whether we are processing your personal information; and (ii) obtaining access to or a copy of your personal information;
  • Request Correction of your personal information where it is inaccurate, incomplete or outdated. In some cases, we may provide self-service tools that enable you to update your personal information;
  • Request Deletion, Anonymization or Blocking of your personal information such as when processing is based on your consent or when processing is unnecessary, excessive or non-compliant;
  • Request Restriction of or Object to our processing of your personal information when processing is noncompliant;
  • Withdraw your Consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our Services may not be available;
  • Request data portability and receive an electronic copy of personal information that you have provided to us.

If you would like to exercise any of these rights, please contact us as set forth below. 

We will process such requests in accordance with applicable laws. If you reside in California, please review the section below addressed to California residents, including additional information on personal information rights. 

5. Security of Your Information

We take reasonable steps designed to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We maintain reasonable safeguards designed to ensure that your personal information will remain protected, and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for any unauthorized disclosure.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

6. International Data Transfers

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws. For personal information originating in Europe, we have put in place standard contractual clauses to help ensure the adequate protection of personal information transferred to non-adequate countries outside of Europe.  If you are a resident of a European country, you may request a copy of such clauses.

7. Retention of Personal Information

We store the personal information we collect as described in this Privacy Policy for as long as reasonably necessary and proportionate to fulfill the business purpose(s) set out above, based on criteria such as the length of time we need to provide the Services to you, and to meet legal requirements (including to resolve disputes, establish legal defenses, and conduct audits), as well as to pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

8. Supplemental Notice for California Residents

This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this notice. This Supplemental Notice should be read together with the rest of our Privacy Policy, which more comprehensively discusses our processing activities.

Consistent with the “Personal Information We Collect,” “How We Use Your Information,” and “How We Disclose Your Information” sections above, we have or may have collected the following categories and specific pieces of personal information from or about you for the following business or commercial purposes (“Business Purpose”) including over the prior twelve (12) months:

Category of Personal Information Collected by Talos

Business Purposes for Processing Personal Information

Category of Third Parties Information is Disclosed to for a Business Purpose

Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, or other similar identifiers.

To provide our products and servicesFor financial purposesFor sales and marketingIn connection with online data collectionTo operate forums and surveysIn connection with partner and supplier programsFor training and educationFor due diligence screeningFor security and authenticationFor inquiries and complianceIn connection with mergers and acquisitions

For more information, see the “How We Use Your Information” section above.

• Advertising networks
• Internet service providers
• Data analytics providers
• Government entities
• Operating systems and platforms
• Service providers

For more information, see the “How We Disclose Your Information” section above.

Commercial information Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Internet or other electronic network activity Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.

Geolocation data Physical location or movements. Professional or employment-related information. Current or past job history or performance evaluations.

Some of the personal information that we collect may be considered sensitive under the CCPA. To the extent we collect sensitive personal information, we only use and disclose it for purposes that the CCPA recognizes are not subject to a right to limit. For example, we may use sensitive information to conduct anti-money laundering and other regulatory checks and for purposes that do not infer characteristics about you.

The categories of sources from which we collect personal information are set forth in the “Personal Information We Collect” section above. 

Privacy Rights for California Residents

If you are a California resident, you or your authorized agent may submit a request to exercise the following rights (as applicable and subject to relevant exceptions or exemptions under the law) pursuant to the “Your Privacy Choices and Rights” section above. This also includes the following:

  • Right to Opt-Out of Sale or Sharing: For purposes of the CCPA, Talos does not “sell” personal information for money. However, certain targeted advertising activities we engage in may result in the “sharing” of your personal information for the purpose of cross-context behavioral advertising, as explained in the “Personal Information We Collect” section above. Talos does not knowingly “sell” or “share” personal information for minors less than sixteen (16) years of age.
  • Non-Discrimination. We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on the Services may change or no longer be available to you.
  • Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent to exercise your rights and choices on your behalf, please provide your authorized agent with signed, written permission demonstrating that they have been authorized by you to act on your behalf.
  • Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name, email address, and phone number.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us at legal@talos.com. We will process such requests in accordance with applicable laws.

Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

9. Supplemental Notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at legal@talos.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

10. Children’s Information

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.

If you are a parent or guardian and wish to review information collected from your child, or have that information modified or deleted, you may contact us as described below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account.

11. Other Provisions

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

Supervisory Authority.  

If you reside in certain jurisdictions – for example, the European Economic Area, Switzerland, the United Kingdom or Brazil – you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. Any changes will become effective at the “Last Updated” date. If we make a material change to this Privacy Policy, we will update the “Last Updated” date at the top of this Privacy Policy.

12. Contact Us

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at: legal@talos.com, Talos Trading, Inc., located at 300 Park Ave S, Floor 9, New York, NY, USA, 10010.