Effective Date: March 22nd, 2024
ETX Management Group LLC d/b/a ETX Funding (“ETX Funding”) and ETX Global Ltd. (“ETXG”, or collectively together with ETX Funding, “we” or “us”) respect your privacy and are committed to ensuring that consumers who access our website and/or use or access products or services offered by us (“you” or “your”) are informed regarding the way their personal data is used. This Privacy Statement applies to etxfunding.com (“Site”) and ETX Funding, and all products and services offered by ETX Funding, and governs personal data collection and usage by us. For the purposes of this Privacy Policy Statement (“Statement”), unless otherwise noted, all references to ETX Funding include the Site and ETX Funding. The Site is an ecommerce website. By using the Site, you consent to the data practices described in this Statement and all revisions or amendments made to this Statement from time to time. ETX and ETXG provide assistance to individuals with disabilities to communicate effectively with them. Please contact ETX and ETXG through their respective email addresses: [email protected] and [email protected].
Collection of your Personal Information
Use of your Personal Information
Sharing of your Personal Information
Tracking User Behavior
Automatically Collected Information
Use of Cookies
Third-Party Links
Security and Retention of Your Personal Information
Your Choices
Changes to this Notice
Contact Information
Additional Information For California Residents
Collection of your Personal Information
We collect information about you in a variety of ways depending on how you interact with us, the Site and our services, including:
Directly from you when you provide it to us, such as when you register for an account, sign up to receive communications from us, start a challenge or contact us by phone, email, or otherwise;
Automatically through the use of cookies, server logs, and other similar technologies when you interact with the Site, promotional material, advertisements and emails; and
From other sources, including, for example, our affiliates, business partners, service providers, online social media networks, and other third parties, or from publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.
In order to better provide you with products and services offered, we may collect personally identifiable information, such as the following, which sets forth the types of personal information we collect and how we use the information:
Context | Types of Data | Primary Purpose for Collection and Use of Data |
Account Registration | We may collect your name, financial information, and contact information when you create an account. We also collect information relating to the actions that you perform while logged into your account. | We have a legitimate interest in providing account related functionalities to our users and preventing illegal conduct.
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Biometric | We may collect certain biometric information | We are required to collect this |
Identifiers | about you, such as imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns, or rhythms, and sleep, health, or exercise data that contain identifying information. | information to meet our legal obligations and have a legitimate interest in doing so and preventing fraud. |
Client Information | We collect the names and contact information of our clients and their employees with whom we may interact. | We have a legitimate interest in contacting our clients and communicating with them concerning normal business administration such as projects, services, and billing. |
Cookies and First-Party Tracking | We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. | We have a legitimate interest in making our website operate efficiently.
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Cookies and Third-Party Tracking | We may place tracking technology on our website that collects analytics, records how you interact with our website, or allows us to participate in behavior-based advertising. This means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can report analytics to us or provide advertising about products and services tailored to your interests. That third party might also collect information over time and across different websites in order to serve advertisements on our website or other websites. | Where required by law, we base the use of third-party cookies upon consent. |
Demographic Information | We collect personal information, such as your date of birth, race or location. | We have a legitimate interest in ensuring our users are legitimate and to prevent fraudulent and illegal activity. |
Email Interconnectivity | If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. | We have a legitimate interest in understanding how you interact with our communications to you.
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Employment | If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your Social Security Number. Providing this information is required for employment. | We use information about current employees to fulfill our obligations to employees. In some contexts, we are also required by law to collect information about employees or applicants. We also have a legitimate interest in using your information to have efficient staffing and workforce operations. |
Feedback/Support | If you provide us feedback or contact us for support, we will collect your name and email address, as well as any other content that you send to us, in order to reply. | We have a legitimate interest in receiving, and acting upon, your feedback or issues.
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Mobile Devices | We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our stores | We have a legitimate interest in identifying unique visitors, and in understanding how users interact with us on their mobile devices. |
Order Placement | We collect your name, billing address, email address, phone number, and credit card number when you place an order. | We use your information to perform our contract to provide you with products or services. |
Partner Promotion | We collect information that you provide as part of a co-branded promotion with another company. | We have a legitimate interest in fulfilling our promotions. |
Public Health and Safety | In certain situations where a serious public health threat has been identified, we may collect information from employees, guests, and other individuals accessing our facilities. This may include medical and health information, such as body temperature, symptoms, and underlying health conditions. In some cases, we may also collect medical, health, and related information about an employee’s children, family member, or other individuals under the employee’s care. In certain situations where a serious public health threat has been identified, we may collect information from employees, guests, and other individuals accessing our facilities. This may include medical and health information, such as body temperature, symptoms, and underlying health conditions. In some cases, we may also collect medical, health, and related information about an employee’s children, family members, or other individuals under the employee’s care. | We have a legitimate interest in protecting the health and safety of our employees and guests. In some jurisdictions we may be required by law, regulation, or governmental order to collect and retain information related to issues of public health and safety. We have a legitimate interest in complying with the laws in the jurisdictions in which we operate. |
Surveys | When you participate in a survey, we collect information that you provide through the survey. If the survey is provided by a third- party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. | We have a legitimate interest in understanding your opinions and collecting information relevant to our organization.
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Sweepstakes or Contests | When you participate in a sweepstakes or contest, we collect information about you which includes contact information to notify you if you are selected. | We have a legitimate interest in operating the sweepstakes and contests. In some contexts, we are also required by law to collect information about those that enter into our sweepstakes and contests, and we have a legitimate interest in complying with those laws. |
Website interactions | We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser. | We have a legitimate interest in understanding how you interact with our website to better improve it, and in understanding your preferences and interests to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud. |
Web logs | We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. | We have a legitimate interest in monitoring our networks and the visitors to our websites. Among other things, it helps us understand which of our services is the most popular.
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We collect this data and provide it to third parties, as discussed below, if it is a necessary step in the user’s account creation process, contributing to the ease of use, reliability, security, or functionality of our products. If you purchase ETX Funding’s products or services, we collect billing and credit card information. This information is used to complete the purchase transaction or issue payments to you.
You may be required to provide certain personal information to us when you elect to use certain products or services. We also may gather additional personal or non-personal information in the future for the same purpose.
Use of your Personal Information
We collect and use your personal information to:
Operate and deliver the products or services you have requested.
We may also use your personally identifiable information to inform you of other products or services available from ETX Funding and its affiliates.
To identify you when you visit our Sites or use our products or services.
To improve our services and product offerings.
To conduct analytics.
To communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback.
To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violations of our Terms of Use, the ETX Funding Knowledge Center Rules and Conditions, other policies, security incidents, and harm to the rights, property, or safety of our company and our users, employees, or others.
To debug, identify and repair errors that impair existing intended functionality of our website and services.
To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
For internal administrative purposes, as well as to manage our relationships.
For such other purposes as you may consent (from time to time).
Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. As a result, our collection and processing of your information may be based in different contexts depending on your consent, our need to fulfill a contract, our obligations under law, and/or our legitimate interest in conducting our business. You explicitly consent to sharing your data by ETX Funding and/or our affiliates with other proprietary trading firms or third parties for the purposes of detecting fraudulent, deceptive, malicious, or criminal behavior or any violations of our Terms or this Agreement.
Sharing Information with Third Parties
In addition to the specific situations discussed elsewhere in this Statement, we may disclose personal information in the following situations:
1. Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
2. Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
3. Public. Our website may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
4. Service Providers. We may share your information with service providers. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
5. Other trading platforms. We may share information with other trading platforms and/or related affiliates in order to detect and protect against malicious, deceptive, fraudulent, or illegal activity or violations of our Terms of Use, the ETX Funding Knowledge Center Rules and Conditions and other policies.
6. Other Disclosures with Your Consent. We may disclose your information to other third parties when we have your consent or direction to do so.
Tracking User Behavior
ETX Funding may track and record the websites and pages our users visit within ETX Funding, in order to determine what ETX Funding services are the most popular. This data is used to deliver customized content and advertising within ETX Funding to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by ETX Funding. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding use of ETX Funding website.
Use of Cookies
ETX Funding website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize ETX Funding pages, or register with ETX Funding site or services, a cookie helps ETX Funding to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ETX Funding website, the information you previously provided can be retrieved, so you can easily use ETX Funding features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of ETX Funding services or websites you visit. Additionally, depending on where you live, you may have the right to restrict certain cookies using the cookie banner on our website.
Third-Party Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security and Retention of your Personal Information
We take reasonable security measures to protect against unauthorized access to or alteration of your personal information. Notwithstanding the foregoing, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. In the event that we are required by law to inform you of a breach to your personal information we may, at our discretion, notify you electronically, in writing, or by telephone, if permitted to do so by law.
Some of our websites permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
We retain your personal information for only as long as necessary to fulfill the purposes outlined in this Privacy Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements.
Your Choices
Subject to certain exceptions, and only for those individuals who meet specific jurisdictional and legal requirements, you have the right to make the following requests:
1. Access to Your Personal Information. You may request access to your personal information or confirmation that we have information about you. In certain limited circumstances, you may also request to receive access to your data in a portable, machine-readable format.
2. Changes to Your Personal Information. We rely on you to update and correct your personal information. Most of our websites allow you to modify or delete your account profile. If our website does not permit you to update or correct certain information, you can contact us at the address described below to request that your information be modified. You may ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law.
3. Deletion of Your Personal Information. You may request that we delete your personal information. If required by law, we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for other business purposes.
4. Opt-out of Selling or Sharing for Targeted Advertising. You may opt-out of online tracking based targeted advertising (e.g., cookies) by clicking the “Reject” button in the “We value your privacy” window. Please note that if you change browsers or computers, or if you clear your browser’s cache, you may need to click the link again to apply your preference. You can also reject cookies on our cookie banner. Please note that not all sharing or disclosure of your personal information is a “sale” and not all sharing or disclosure is subject to the right to opt out.
5. Objection to Certain Processing. You may object to our use or disclosure of your personal information by contacting us at the address described below.
6. Online Tracking. We do not currently recognize the “Do Not Track” signal.
7. Promotional Emails. From time to time, ETX Funding may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If you would like to stop receiving marketing or promotional communications via email from ETX Funding, you may opt out of such communications by clicking on the “unsubscribe” button found at the bottom of each email.
8. Revocation of Consent. Where we process your personal information based upon consent, you may revoke consent. Please note, if you revoke your consent for the processing of personal information then we may no longer be able to provide you with the Services.
To exercise any of your rights, you may email us at [email protected], Attn: Data Protection Officer. In some circumstances, you may authorize an agent to exercise your rights by emailing us on your behalf. If you use an agent to submit an opt out request, you must provide the agent with signed written permission demonstrating that they have been authorized by you to act on your behalf. We may require more information to ensure proper verification of you and your agent's identity and authorization. Depending on your request, we will ask for information such as your name, information about the last interaction you had with us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. If you are utilizing an agent, we require a signed and notarized permission from you stating that the agent has authorization to act on your behalf. We will deny the request if we are unable to verify the requestor or the authorized agent.
Changes to this Statement
ETX Funding reserves the right to amend this Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after any such modifications will constitute your: (a) acknowledgment of the revised Policy; and (b) agreement to abide and be bound by such Policy as revised.
Contact Information
ETX Funding welcomes your questions or comments regarding this Statement. If you have any questions or comments, please contact ETX Funding at:
ETX Management Group LLC d/b/a ETX Funding
Attn: Data Protection Officer
Email Address: [email protected]
ETX Global Ltd.
Attn: Data Protection Officer
2nd Floor
O’Neal Marketing Associates Building
P.O. Box 3174
Road Town, Tortola, British Virgin Islands
Email Address: [email protected]
Additional Information For California Residents
California law requires us to disclose the following additional information related to our privacy practices. If you are a California resident, the following privacy disclosures apply to you in addition to the rest of the Privacy Policy.
California Shine the Light. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us using the information in the Contact Information section above.
ETX Funding may, if we in our discretion consider it potentially beneficial to you, share personal data or information with our affiliates or trusted third-party partners in order to provide you with further educational, marketing and promotional offers we believe may be of interest to you. You are always entitled to opt-out from receiving such offers.
Fraud Prevention. You explicitly consent to ETX and ETXG sharing your personal information with other proprietary trading firms or third parties for the purposes of detecting fraudulent, deceptive, malicious, or criminal behavior or any violations of our Terms or this Agreement.
Category of Personal Information | Category of Recipients/Disclosures for Business Purposes
| Sharing for Cross- Context Behavioral Advertising | Sales |
Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers. | 1. Affiliates or subsidiaries 2. Business partners 3. Data analytics providers 4. Data brokers 5. Internet service providers 6. Joint marketing partners 7. Operating systems and platforms 8. Other service providers 9. Payment processors and financial institutions 10. Professional services organizations - this may include auditors and legal counsel 11. Social networks | 1. Affiliates or subsidiaries 2. Business partners
| 1. Business Partners 2. Joint Marketing Partners
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Government Issued Identification – this may include social security number, driver’s license number, or state issued identification number, passport number. | 1. Service providers 2. Professional services organizations - this may include auditors and legal counsel | None | None |
Financial Information – this may include bank account number, credit card number, debit card number, and other financial information. | 1. Affiliates or subsidiaries 2. Business partners 3. Internet service providers 4. Operating systems and platforms 5. Other service providers 6. Payment processors and financial institutions 7. Professional services organizations - this may include auditors and legal counsel | None | None |
Characteristics of protected classifications – this may include age, sex, race, ethnicity, physical, or mental handicap, etc. | 1. Service providers 2. Payment processors and financial institutions 3. Professional services organizations - this may include auditors and legal counsel | None | None |
Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | 1. Affiliates or subsidiaries 2. Business partners 3. Data analytics providers 4. Data brokers 5. Internet service providers 6. Joint marketing partners 7. Operating systems and platforms 8. Other service providers 9. Payment processors and financial institutions 10. Professional services organizations, this may include auditors and legal counsel 11. Social networks | 1. Business Partners 2. Joint marketing partners
| 1. Business Partners 2. Joint marketing partners
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Biometric information – this may include imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns, or rhythms, and sleep, health, or exercise data that contain identifying information
| 1. Service providers
| None | None |
Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement. | 1. Affiliates or subsidiaries 2. Business partners 3. Data analytics providers 4. Data brokers 5. Internet service providers 6. Joint marketing partners 7. Operating systems and platforms 8. Other service providers 9. Payment processors and financial institutions 10. Professional services organizations, this may include auditors and legal counsel 11. Social networks | 1. Business Partners 2. Joint marketing partners
| 1. Business Partners 2. Joint marketing partners
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Geolocation Data | 1. Affiliates or subsidiaries 2. Business partners 3. Data analytics providers 4. Data brokers 5. Internet service providers 6. Joint marketing partners 7. Operating systems and platforms 8. Other Service Providers 9. Payment processors and financial institutions 10. Professional services organizations, this may include auditors and legal counsel 11. Social networks
| 1. Business Partners 2. Joint marketing partners
| 1. Business Partners 2. Joint marketing partners
|
Professional or employment- related information | 1. Affiliates or subsidiaries 2. Business partners 3. Data analytics providers 4. Data brokers 5. Internet service providers 6. Joint marketing partners 7. Operating systems and platforms 8. Other Service Providers 9. Payment processors and financial institutions 10. Professional services organizations, this may include auditors and legal counsel 11. Social networks | None | None |
Inferences drawn from any of the information listed above | 1. Affiliates or subsidiaries 2. Business partners 3. Data analytics providers 4. Data brokers 5. Internet service providers 6. Joint marketing partners 7. Operating systems and platforms 8. Other Service Providers 9. Payment processors and financial institutions 10. Professional services organizations, this may include auditors and legal counsel 11. Social Networks | 1. Business Partners 2. Joint marketing partners
| 1. Business Partners 2. Joint marketing partners
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Additional categories of personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – this may include signature, physical characteristics, or description, insurance policy number. | 1. Affiliates or subsidiaries 2. Business partners 3. Data analytics providers 4. Data brokers 5. Internet service providers 6. Joint marketing partners 7. Operating systems and platforms 8. Other Service Providers 9. Payment processors and financial institutions 10. Professional services organizations, this may include auditors and legal counsel 11. Social networks | None | None |
California Sensitive Information Disclosure. We collect the following categories of sensitive personal information (as defined under California law): your biometric data. This information is collected to process transactions, comply with laws, manage our business, or provide you with services. Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioral advertising.
APPENDIX II – EUROPEAN PRIVACY NOTICE
This European Privacy Notice describes how ETX Management Group LLC d/b/a ETX Funding, organized in the State of Delaware (“ETX”) and ETX Global Ltd., organized in the British Virgin Islands (“ETXG”), comply with the General Data Protection Regulation effective as of 2018 and the United Kingdom’s Data Protection Act of 2018 (collectively, “GDPR”) with respect to personal data collected about citizens or residents of the European Union or United Kingdom, respectively (“European data subjects”).
How ETX and ETXG Process Data
ETX and ETXG collect with your express consent, or may collect in the future, your first and last name, email address, phone number, and your financial information. ETX and ETXG may collect other information about you with your express consent. They collect your data through the online or physical registration process, completion of surveys or feedback, payment methods used to purchase their products or reimburse you, and use of cookies on their websites. ETX and ETXG may also partner with cloud computing companies to store personal data through their software.
ETX and ETXG may receive your data indirectly through your credit card processing companies and governmental agencies.
How ETX and ETXG Use Your Data
ETX and ETXG use your data to process your purchase or to issue payments to you, manage your account, email you with special offers on other products they think you might like, send billing reminders, and perform other activities necessary and proper to serve you as best they can. Please see ETX’s general Privacy Statement (www.etxfunding.com) and ETXG’s Privacy statement as amended from time to time and incorporated by reference, made a part of this Agreement and attached as Exhibit C for more details.
GDPR Rights
The GDPR is a law of the European Union (and a set of rules some countries outside of the EU mirror) that gives individuals in Europe additional rights relating to the personal information collected about them. The main rights under that law are:
Right to Access. You have the right to request ETX or ETXG to make copies of your personal data. You may be charged a small fee for this service.
Right to Rectification. You have the right to request ETX or ETXG to correct any information you believe is inaccurate. You also have the right to request ETX or ETXG to complete any information you believe is incomplete.
Right to Erasure. You have the right to request ETX or ETXG to erase your personal data, with certain exceptions.
Right to Restrict Processing. You have the right to request ETX or ETXG to restrict the processing of your personal data, with certain exceptions.
Right to Object to Processing. You have the right to object to ETX’s or ETXG’s processing of your personal data, with certain exceptions.
Right to Data Portability. You have the right to request ETX or ETXG to transfer the data that they have collected to another organization, or directly to you, with certain exceptions.
These rights can be exercised by an individual in Europe or their designated agent such as an attorney or those in possession of a power of attorney.
Scope
The GDPR applies to personal data of citizens or residents of the European Union or the United Kingdom, such as those who interact with ETX’s or ETXG’s products and websites. “Personal data '' is defined broadly in the GDPR, and essentially encompasses any information that can be used directly or indirectly to identify an individual in Europe (or other non-EU state that adopted the provisions within GDPR). GDPR Article 4 defies “personal data” as any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
GDPR applies to personal data processed through purely automatic means or through non- automatic means.
Right to Access
In accordance with the GDPR requirements, European data subjects may contact ETX or ETXG to exercise their right to access the personal data that they hold about them as well as how the data was used, the categories and the identity of third parties with whom the data was shared, and the purpose(s) for the sharing of the information. They can do so by exercising that right via one of the other options identified in the Contact Methods section of this Notice.
European data subjects or their authorized agents who seek to exercise this right are subject to comprehensive verification to minimize any risk to individuals of sharing their person information with an unauthorized individual. ETX or ETXG will deny the request if it is unable to verify the requestor or the authorized agent.
ETX or ETXG can also deny the request if either company does not hold any personal data about the individual which falls within the scope of GDPR. This European Privacy Notice applies only to European data subjects and the scope of data covered by applicable European laws.
Right to Rectification.
In accordance with the GDPR requirements, European data subjects may contact ETX or ETXG to change, correct, or add to the information they have about them if they think that the data they collected is incorrect or incomplete. Upon proper verification of the European data subject and proper request, ETX or ETXG will rectify the errors, if any. If the personal data was made public or shared with third parties, ETX or ETXG will make efforts to communicate to the third party the need to rectify the personal data.
Upon completion of rectification, ETX or ETXG will contact the European data subject promptly.
Right to Erasure
European data subjects have the right to request erasure of their personal data, and can make the request directly to us in his or her individual capacity or through an authorized agent. They can do so by exercising that right through one of the other options identified in the Contact Methods section of this Notice.
ETX and ETXG are not obligated to erase personal information if they are required or permitted to retain such information in accordance with one of the exemptions in the GDPR. Individuals who exercise their right to request deletion directly or through an authorized agent will be subject to verification in accordance with the GDPR requirements. Valid reasons for the erasure are.
1. The personal data are no longer necessary in relation to the purposes for which they were collected;
2. The European data subject withdraws consent;
3. The European data subject objects to the processing;
4. The personal data was unlawfully processed;
5. There are existing legal obligations; or
6. The personal data have been collected in relation to the offer of information society services.
When ETX or ETXG process a request for erasure from a verified European data subject, they will delete the data from their systems in a secure and irreversible manner, to prevent the data from being restored. To the extent that ETX and ETXG have entrusted any of the personal data of the European data subject to a third party, they will also contact that third party to process the erasure request and will confirm to the European data subject or the agent that they have done so. If the data was made public, ETX or ETXG will take reasonable steps to inform other controllers of the data that the data subject has requested the erasure.
Upon completion of erasure, ETX or ETXG will contact the European data subject promptly.
Right to Restrict of Processing
European data subjects have the right to restrict the processing of their personal data in order to effectuate other rights or to effectuate the right to restrict processing in and of itself. When the restriction is effectuated, ETX and ETXG will not process the personal data objected to with the exception of storage, only to be processed with the data subject’s consent or for the establishment, exercise, or defense of legal claims, or for the protection on the rights of another natural or legal person. This right may be restricted further as the law demands.
A European data subject who has obtained a restriction of processing will be informed by the Data Protection Officer before the restriction if processing is lifted.
Right to Object to Processing
European data subjects may object, on grounds relating to his or her particular situation, at any time. At which point, ETX or ETXG will cease processing of personal data concerning him or her unless they can demonstrate compelling, legitimate grounds for the processing.
Please do note that ETX and ETXG may not adhere to objections to processing of data if the processing is necessary for the performance of a task carried out for reasons of public or national interest.
Right to Data Portability
European data subjects can request ETX and ETXG to transfer the personal data they have on them to the desired institution or person where technically feasible.
Upon completion of transfer, ETX or ETXG will contact the European data subject promptly.
Response and Completion Times
ETX and ETXG will acknowledge, respond, and complete the requests to exercise the above Rights within one calendar month of receipt, and provide the information requested by the verified European data subject. If a reasonable delay is necessary, ETX or ETXG will contact the European data subject of the delay. The period may be extended up to two additional months if necessary to respond to the requests.
Exceptions to the Rights
GDPR provides certain instances when ETX and ETXG do not have to comply with a request to exercise GDPR rights. Such instances include: national security, defense, public security, the prevention and investigation of crime, protection of judicial independence and judicial proceedings, prevention, investigation, detection, and prosecution of breaches of ethics for regulated professions, enforcement of civil law claims, or other important objectives of general public interest.
Contact Methods
ETX and ETXG are e-commerce entities with no physical storefront. They exclusively operate through their websites or other online methods, and they have direct relationships with their customers. You can email or mail them to exercise your rights. When you email your request, please write “My European Privacy Rights” in the subject field and identify as to who you are. ETX and ETXG are not responsible for notices that are not properly labeled or sent. When you mail your request, please write “My European Privacy Rights” in the header. If you believe ETX or ETXG is in breach of GDPR, you may contact your proper Commission.
In order to contact ETX or ETXG to exercise your rights as an individual in Europe, you can mail or message them through the following:
ETX Management Group LLC d/b/a ETX Funding
Attn: Data Protection Officer
254 Chapman Rd, Ste 208 #12496 Newark, DE 19702
Email Address: [email protected]
ETX Global Ltd.
Attn: Data Protection Officer
2nd Floor
O’Neal Marketing Associates Building
P.O. Box 3174
Road Town, Tortola, British Virgin Islands
Email Address: [email protected]