Privacy Policy

Last Modified: September 21, 2018

1. Scope of this Privacy Policy

This Privacy Policy outlines what types of information are collected from our Account holders, users, and visitors (“you”, “your” or “User”), to whom it may be disclosed, and how that information may be used by BLUECHXP LLC, a Delaware limited liability company (“BLUECHXP”, “we”, “our” or “us”), as each of the foregoing relates to your use of BLUECHXP’s websites, software, applications, online services, and products (collectively, the “Sites and Services”).

By using the Sites and Services, you agree that you have read, understood, and consented to this Privacy Policy, our Terms of Use, all amendments, addenda, and licenses to each of the Privacy Policy and the Terms of Use (collectively, the “Agreement”). By using our Sites or Services, you consent to BLUECHXP’s use of your information and data as described in the Agreement. If you do not agree to the terms of this Privacy Policy, please do not use the Sites and Services.

Please check back periodically as BLUECHXP reserves the right to change, modify, add or remove portions of this Privacy Policy without providing notice to you. The form of such notice is at our discretion. For more information, please see Section 16 (Acceptance of and Modifications to This Privacy Policy) below.

The official language used by BLUECHXP is English; in the event of a conflict between the English language version of this document and any version translated into any other language, the English language version shall prevail.

2. Definitions

Account” means a User Account.

Agreement” means this Privacy Policy, our Terms of Use, all amendments, addenda, and licenses to each of the Privacy Policy and the Terms of Use.

Authorization” means the set of rights and privileges on the Sites or Services assigned to a User by BLUECHXP.

Company” means BLUECHXP and its parents, subsidiaries, partners, or affiliates.

Content” means all information and other materials present on the Sites, including BLUECHXP’s products and services, text, images, photos, trading ideas, opinions rumors, advice, charts, financial information, ratings, reviews, or similar information.

Controller” means” a person or entity who, either alone or jointly, determines the purposes and means of the processing of Personal Data, controls the data, and is responsible for it, and does so with respect to persons (Data Subjects) who are physically located in the European Union.

Cookies” means small pieces of data that websites store on a device.

Credit Card Information” means certain credit card information, including your card number, CVV number, expiration date, phone number, name, billing address, and e-mail address.

Data” means User Data.

Data Subject” means an identified or identifiable natural person.

Debit Card Information” means certain debit card information, including your card number, CVV number, expiration date, phone number, name, billing address, and e-mail address.

Designated Agent” means the BLUECHXP representative identified in Section 2 of the Terms of Use.

EU” means the European Union.

EU User” means a natural or legal person residing in the European Union who has accepted these Terms.

Feedback” means your comments, feedback, information, or other materials regarding the Sites and Services.

GDPR” means the General Data Protection Regulation, adopted as Regulation (EU) 2016/679 of the European Parliament on April 14, 2016. The GDPR took effect on May 25, 2018.

Log Data” means information that your browser sends whenever you visit a website; this information is automatically recorded by our servers.

Personal Data” means any information relating to an identified or identifiable natural person.

Privacy Officer” means the individual at BLUECHXP who is responsible for implementation of this Privacy Policy.

Sensitive Data” means data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, data that concerns health, or data that concerns a natural person’s sex life or sexual orientation.

Terms” means BLUECHXP’s Terms of Use.

User” means a natural person granted Authorization to use the Account on behalf of himself/herself.

User Account” means an Account of a User that is registered with BLUECHXP that has access to specified Services of BLUECHXP.

User Data” means trading information generated by you and other Users (whether aggregated or otherwise).

User Submission” means any comment, or personal information, including ideas, suggestions, opinions, comments, observations, or other material , posted to any public form on our Sites or Services, including any publication, article, social network page, blog, chat room, or other such forum.

Visitor” means a legal or natural person who visits our Sites or Services without having an Account.

You” or “Your” means User or User’s.

3. BLUECHXP as Data Controller

For users in the EU, BLUECHXP is a Controller, as defined in the GDPR, of your Personal Data. Should you have any questions or requests regarding your Personal Data, or seek any additional information about BLUECHXP, please e-mail us at support@BLUECHXP.com. You may also call us at (888) 407-1611 or write to us at:

 

Designated Agent

BLUECHXP, LLC
130 S. Jefferson St., Suite 200
Chicago, Illinois 60661

 

BLUECHXP’s Designated Agent for purposes of the Digital Millennium Copyright Act may be contacted at the address above. Please refer to “Designated Agent” in the subject line of your e-mail.

 

4. Name and Address of Privacy Officer

Should you have any questions or requests regarding your Personal Data, you may contact BLUECHXP’s Privacy Officer at any time at support@BLUECHXP.com. You may also call us at (888) 407-1611 or write to us at:

Privacy Officer

BLUECHXP, LLC
130 S. Jefferson St., Suite 200
Chicago, Illinois 60661

 

5. Collection of Personal Data

You may choose to register an Account with our Sites or Services and we may collect certain personal information from you in order to provide services and to complete transactions.

When you register with us through our Sites or Services, we will ask you for Personal Data. Personal Data may include your name, phone number, e-mail address, postal address, username, password, zip code, and age (optional).

Our Sites or Services may provide links to third-party applications, products, services, or websites for your convenience and information. If you access those links, you will leave our Sites or Services. We do not control those third party sites and services or their privacy practices, which may differ from our practices. We do not endorse or make any representations about third-party sites. Any information you choose to provide to, or that is collected by, those third parties is not covered by the Agreement. We cannot control the activities of third parties and we have no responsibility for any use of your information by such third parties. Any information you choose to provide to third party websites or products will be governed by the policies of those third party websites and products.

If you post a User Submission to any public forum on our Sites or Services, including any publication, article, social network page, blog, chat room, or other such forum, please be aware that any Personal Data disclosed in your User Submission can be read, viewed, collected, or used by other users of these forums, and could be used to contact you, send you unsolicited messages, or for purposes that neither you nor we control. We may also aggregate all or any part of User Submissions into a resource that we may use, share, or distribute provided that any Personal Data has been anonymized. BLUECHXP is not responsible for the Personal Data contained in your User Submission.

6. Legal Basis for Collecting Personal Data

Your consent to our Terms of Use and this Privacy Policy constitutes the legal basis upon which we may collect your Personal Data.

7. Purposes for Which We Collect Personal Data

We use the information you provide to offer, manage, and/or improve our Sites or Services, including but not limited to:

·         improving content

·         adapting or adding in new features and functionality

·         providing and improving service and support

·         delivering relevant advertising

·         assisting with social sharing functionality

·         developing new products and services

·         selecting content to be communicated to you

·         aggregating certain types of information to better understand or provide better engagement with our Users

·         contacting you regarding our products or services; and preventing and detecting security threats, fraud or other malicious activity

We do not sell your Personal Data to third parties to use for their own marketing purposes.

8. How We Use and Share Your Information

BLUECHXP may share your Personal Data with our affiliates or with third parties, which provide services to us and which agree to keep such Personal Data confidential.

We may employ third party companies and individuals for any of the following:

·         to facilitate the Sites and Services

·         to provide the Sites and Services on our behalf

·         to perform related services, including maintenance, database management, web analytics, and improvement of the features or functionality

·         to assist us in data analysis

We employ a third party company to process debit, credit, and other payments and to perform related services.

We may collect and aggregate general information about you and your preferences and interests using that information for limited commercial purposes, and we may share or sell such aggregated general information with our business partners, vendors, distributors or other collaborators for these same purposes; provided, however, that you have affirmatively provided your consent to such sharing or selling. BLUECHXP will not share or sell any information about you to any third parties without your consent.

We retain the right to disclose Personal Data as allowed or required by law. We may also disclose Personal Data under the following circumstances:

·         to respond to duly authorized information requests of police and governmental authorities

·         to comply with any law, regulation, subpoena, or court order

·         to investigate and help prevent security threats, fraud or other malicious activity

·         to investigate and help prevent a violation of any contractual or other relationship with BLUECHXP or the perpetration of any illegal or harmful activity

·         to enforce and protect the rights and properties of BLUECHXP, its affiliates and its business partners

·         to protect the personal safety of our employees, agents, affiliates, business partners, customers or site users

In the event of a merger, consolidation, or sale or transfer of all or substantially all of the assets of BLUECHXP or the BLUECHXP Parties, Personal Data stored in our database will be transferred to the purchasing or new entity. However, the use of this information by any purchasing or surviving entity would be governed by the terms of this Privacy Policy, as amended from time to time, including any amendment after such transaction.

Your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, BLUECHXP transfers Personal Data to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Personal Data from our Users who reside in the European Union is processed in the United States. BLUECHXP shall process such Personal Data in accordance with the requirements of the GDPR.

9. California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of the State of California have the right to request from a business, with whom the State of California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediate preceding calendar year.

To request a copy of the information disclosure provided by us pursuant to Section 1798.83 of the California Civil Code, please contact us at support@BLUECHXP.com.

10. European Union General Data Protection Regulation 2016/679

European Union General Data Protection Regulation EU 2016/679 (“GDPR”), approved by the European Parliament on April 14, 2016, and effective May 25, 2018, addresses the protection of natural persons located in the EU with respect to the processing of their Personal Data.

GDPR recognizes that Personal Data shall be:

·         processed lawfully, fairly and in a transparent manner

·         collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes

·         adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed

·         accurate and, where necessary, kept up to date

·         kept in a form which permits identification of Data Subjects for no longer than is necessary for the purposes for which the Personal Data are processed

·         processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures

As a Controller, BLUECHXP shall be responsible for, and shall be able to demonstrate compliance with, the foregoing principles. Therefore, you have the right:

·         to request the correction or update of any Personal Data that is incorrect or incomplete

·         to request the erasure of your Personal Data (the right to be forgotten)

·         to portability of your Personal Data

·         to object to the processing of your Personal Data

·         not to be subject to a decision based on automated decision-making, including profiling

·         to withdraw consent to the processing of your Personal Data

·         to register a complaint with a supervisory authority (if you are located in the EU)

Unless otherwise prohibited by law, BLUECHXP will effect any such request without delay.

11. The Right to Be Forgotten (Right to Erasure)

Under the GDPR, you have the right to be forgotten. If you reside in an EU territory, you may request the deletion of your Personal Data that we collect, store or process. When you make your request, we will balance your privacy rights with the interest of the general public in having access to the information, as well as the right of others to distribute the information. For instance, we may refuse to delete information regarding financial scams or other unlawful activities. In the event that BLUECHXP receives a request for erasure, or a request to be forgotten, BLUECHXP has the obligation to erase the Personal Data without undue delay (and no longer than 30 days after the request is received), where one of the following grounds applies:

·         The Personal Data is no longer necessary for the purpose for which it was originally collected or processed

·         You withdraw your consent to the collection processing of your Personal Data

·         You object to the processing and there is no overriding legitimate interest for continued collection or processing of your Personal Data

·         You believe that your Personal Data was unlawfully processed or collected (i.e., in breach of the GDPR)

·         Your Personal Data must be erased in order to comply with an EU or an EU Member State law to which we are subject

·         Such Personal Data was processed in relation to the offer of information society services to a child

Where BLUECHXP is able to comply with a request for erasure by anonymizing the Personal Data, we will do so.

If you would like to submit a request for erasure (request to be forgotten), please use the form linked here.

12. Where the Processing of Personal Data Takes Place

Personal Data is processed in the United States of America.

13. Keeping Your Personal Data Secure

To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, BLUECHXP utilizes generally accepted industry standards to protect your Personal Data or relies on the services of third parties to provide the same. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. We cannot guarantee the security of your Personal Data.

14. Children's Privacy

BLUECHXP Sites and Services are not intended for use by minors under the age of 18 and are not targeted to children. BLUECHXP does not knowingly collect information from children under the age of 16, solicit information from children, or market products to children.

15. Sensitive Data

We do not intentionally collect, process, transfer, or store Sensitive Data.

16. Log Data and Cookies

Cookies are small pieces of data that websites store on a device. Cookies can improve User’s browsing experience because they help websites remember preferences and understand how people use different feature. We do not use any Cookies that collect personal data. BLUECHXP uses Strictly Necessary, Functional and Required Cookies, and Analytics and Performance Cookies.

Strictly necessary cookies

These are cookies which are needed for our website to function properly.

 

Functionality cookies

These cookies allow our website to remember choices you make (such as your language or what region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. The information these cookies collect are anonymized.

 

Analytics and performance cookies

These cookies collect information about how visitors and users use our website, for instance which functionality visitors use most often, and if they get error messages from areas of the websites, applications or services. These cookies don’t collect information that identifies a visitor or user. All information these cookies collect is aggregated and therefore anonymous. We only use these cookies to improve hour our website works.

 

You may be able to configure your browser or our website to restrict cookies or block all cookies if you wish, however if you disable cookies you may find this affects your ability to use certain parts of our website.

Our servers also automatically record Log Data which includes information such as your internet service provider, your computer’s internet protocol address, browser type and operating system, referring/exit pages, clickstream data, pages of our Sites and Services that you visit (and the time spent on these pages), information you search for on our Sites or Services, and other statistics. We use this information to monitor and analyze Users’ use of our Sites and Services.

17. Access to and accuracy of your information

BLUECHXP strives to keep your Personal Data accurately recorded. You have the right to access and request the correction, amendment, or deletion of all of your recorded Personal Data that has been collected by us. If you wish to review your recorded Personal Data, please contact us at:

 

Email:     support@BLUECHXP.com

 

U.S. Mail:

BLUECHXP LLC

130 S. Jefferson St., Suite 200

Chicago, Illinois 60661

Attn: Privacy Officer

 

If you write to us, please include your name, address and telephone number and let us know what information you want to see. You may see and copy your information in person or, if you prefer, we will copy and send your information to you. If you see any mistakes, let us know and we will review it. If we agree, we will correct our files. If we disagree, you may file a short statement of dispute with us. Your statement will be included with any data we disclose in the future. We will also send the statement to anyone you ask us to who received your information from us in the past two years.

18. Data Retention

BLUECHXP retains Personal Data for as long as we reasonably require it for legal or business purposes. In determining data retention periods, BLUECHXP takes into consideration local laws, contractual obligations, and the expectations and requirements of our Users. We will not retain your Personal Data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. When we no longer need Personal Data, we will securely delete or destroy it.

19. Acceptance of and Modifications to This Privacy Policy

You must affirm that you have read, understand, and accept the terms of this Privacy Policy. If you do not accept the terms of this Privacy Policy, you must discontinue your use of the Sites and Services.

The terms of the Privacy Policy may change from time to time. If we modify our Privacy Policy, we will notify you and post the revised statement here, with an updated revision date. You must affirm that you have read, understand, and accept the revised terms of this Privacy Policy. If you do not accept the revised terms of this Privacy Policy, you must discontinue your use of the Sites and Services.

20. Contact Us

We value your opinions. If you have comments or questions about our Privacy Policy, please send them to our Privacy Officer at support@BLUECHXP.com. You can also write to us at:

BLUECHXP LLC

130 S. Jefferson St., Suite 200

Chicago, Illinois 60661

Attn: Privacy Officer

©2018 BLUECHXP LLC. All Rights Reserved.