Welcome to the websites of The Institute for Financial Markets ("IFM"), the Futures Industry Association ("FIA"), and FIA Technology Services ("FIA Tech") (collectively, "we" or "us"). The IFM is an FIA affiliate and nonprofit educational foundation that provides education, training and information about global derivatives markets. FIA is the leading global trade organization for the futures, options and cleared swaps markets. FIA Tech is a wholly-owned subsidiary of FIA that collaborates with the global futures and derivatives industry to improve operational efficiency via web-based software systems. By accessing or using our websites you agree to be legally bound by the following terms and conditions (the "Terms") and accept and agree to them as they apply to your access or use of the websites.
1. GLOBAL ORGANIZATION & TRANSMISSION OF DATA
Our websites are intended to provide information about our organizations, how and why we operate and the services we provide. Unless otherwise specified, the materials provided on the websites are presented for the purpose of informing users about us and our offices, membership, initiatives, publications, events and services. Our websites are administered in the United States. We collect personal data relating to both individual representatives of our members and non-member visitors through the websites and process and store the personal data for the purposes outlined herein. These arrangements may change over time. We will update these Terms to reflect any material changes. In order to use the websites and subscribe to any of our products and services, your personal information may be transmitted, collected and stored in the jurisdictions where we have offices. At present we have offices in the United States, the United Kingdom, and Singapore, as well as an affiliated entity in Japan. Potential data processing sites include jurisdictions (such as the United States and Japan) which do not have data protection laws as strict as other jurisdictions in which we operate (such as the United Kingdom and Singapore). As a global organization, we are keenly aware of the importance of handling personal information in accordance with the laws of the jurisdictions in which we operate and seek to conform in all respects to the best practices as provided in international guidelines.
Please be aware that your usage of our websites and submission of any personal data will be governed by these Terms and the applicable laws of the United States, and that, in using the websites, you agree to our collection and storage of your personal data, wherever we have offices or use third-party service providers to support such data collection and processing.
2. RESPONSIBILITIES & CONTRACTUAL OBLIGATIONS
2.1 Our websites and all materials and information are provided on an "as is" basis. We exclude any warranty, express or implied, as to the quality, accuracy, fitness for purpose, completeness or usefulness of any materials, information or services provided through the websites.
2.2 We will not be liable to users of the websites for any loss or damage of any nature whatsoever and howsoever arising out of, or in connection with, the viewing, use or performance of the websites or their contents, whether due to inaccuracy, error, omission or any other cause on the part of us, our servants or agents or any other person. We cannot and do not guarantee or warrant that any material available for downloading from the websites will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy, integrity and use of data which you send and receive.
2.3 We reserve the absolute right to alter, suspend or discontinue any aspect of the websites or the services provided through them, including your access to them. We cannot guarantee that the websites will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the websites, and, in particular, you must not attempt to tamper with, hack into, data mine, compromise, or otherwise disrupt or threaten to disrupt any computer system, server, router or any other Internet-connected device associated with the websites.
2.4 Sections 2.1–2.3 do not apply with respect to the following items available via our websites: (i) services provided by FIA Tech for the convenience of the community, such as, but not limited to, the EGUS, EGAINS, eRECS or OCR services; (ii) FIA products requiring a payment or a subscription fee, such as the CCP Risk Review or SEF Tracker; (iii) FIA documentation libraries (iv) IFM data subscription services (collectively, items (i), (ii), (iii) and (iv) to be referred to as "Designated Products and Services"). The usage of the Designated Products and Services is governed by a separate license or other documentation which must be agreed to prior to use of the Designated Products and Services.
3. USER'S PRIVACY AND DATA PROTECTION
3.1 We respect the privacy of our members and visitors to the websites. Personal information, such as e-mail addresses and other volunteered information, are generally kept confidential. IFM is related to several other organizations and may from time to time share personal and aggregated information among our affiliates and vendors, including but not limited to: FIA; FIA Tech; affiliated service companies and third-party service providers, such as credit card processors and web-hosting companies. These Terms describe our general data collection practices. They are not a description of, nor are they binding with respect to, how we gather and treat information collected through registration or use of the Designated Products and Services (defined above in Section 2.4), which are subject to different terms and conditions.
3.2 Why We Collect Your Personal Information
3.3 What Personal Information We Collect and How We Collect It
3.4 Confidentiality and Security
3.5 What Information We Disclose
3.6 Other Disclosures
3.7 We would like to inform you by e-mail, mail or telephone about our services and events that may be of interest to you using the contact information you provide us. We hope that you find value from the information and range of services you are offered.
However, you may request at any time that we cease contacting you regarding any services or offerings. Additionally, you may request that we not share your contact information with third parties in connection with our events and services by having your personal data removed for such purposes. You may unsubscribe at any time from our communications and/or third-party-sharing by updating "My Communications and Publications" preferences, which can be accessed through your account in the online IFM and FIA portal. You also may unsubscribe from our communications and/or third-party-sharing by any of the methods set out below:
Although we try to prioritize requests, the unsubscribe process may take a number of days from receipt to be completed.
4.1.1 Cookies help us to recognize you when you next visit the websites and note the pages you visit, your search queries, your preferences, location and device-specific information. This information may be used to build customer profiles that help us deliver a more tailored and relevant experience. Your customer profile is anonymous and we do not store any personally identifiable information.
4.1.2 Cookies may be used to compile anonymous statistics related to the use of services or patterns of browsing. When used in this manner, you are not individually identified, and information collected in this manner is only used in aggregate and non-attributably.
4.1.3 Data derived from cookies is primarily used to optimize our websites for our visitors; however, we may use this data for internal marketing purposes, and when required for regulatory purposes. For example we may tell potential advertisers how many visitors we get to the websites, where our visitors come from and how they arrive at our websites. We also may document online training you have taken to demonstrate completion of professional education credits and to meet regulatory training requirements.
You agree to indemnify and hold us, and any of our officers, employees and agents, harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of or conduct on the websites and/or a breach of these Terms.
6. WEBSITE CONTENT
6.1 The material and content provided on the websites is for your personal, non-commercial use only, save where expressly provided otherwise, and you agree not to distribute (whether directly or through a third party) or commercially exploit such material or content for yourself or any third party. The copyright in the contents of the website is owned by or licensed to us, and all trademarks and other intellectual property rights in and relating to the websites are owned by us or licensed to us to use for such purposes.
6.2 You may make a copy of the content on the websites (excluding materials obtained via Designated Products or Services) for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact and you agree not to further modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the websites, including, but not limited to, text, graphics, video, messages, code and/or software, without our prior written consent. If you wish to use any material for other purposes, please write to: info@theIFM.org. We will let you know on what terms such material may be available.
7.1 We make no representations whatsoever about any other sites which you may access through our websites or which may link to the websites. When you access any other website you understand that it is independent from our websites and that we have no control over the content or availability of that website. In particular, you agree that any dealings you have with such third-party site operators shall be on the terms and conditions (if any) of the third-party operator.
7.2 A link to any other website does not mean that we endorse or accept any responsibility for the content or use of such website, and we shall not be liable for any loss or damage caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such website or resource.
8. NOTIFICATION OF CHANGES
We may from time to time materially modify these Terms; when this happens, we will notify you via our websites. Therewith all use of our websites will be governed by the modified Terms.
Your choice to use our websites, apply for membership in FIA, subscribe to any of our publications, or allow downloading of cookies via your browser, and/or otherwise provide information to us constitute consent to these Terms and to the use of your information as described.
We may assign or subcontract any or all of our rights and obligations under these Terms (subject to applicable law). If any provision of the Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deemed deleted from them. These Terms and your use of the websites are governed by the laws of the United States and, in particular, the laws of the District of Columbia.
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