The International Swaps and Derivatives Association, Inc. (ISDA) recognises and respects the importance of maintaining the privacy of our individual member representatives (“member representatives”), other individuals employed or engaged by organisations who are not ISDA members and who are either (i) users or recipients of ISDA’s products and services; or (ii) prospective users or recipients of ISDA’s products or services (“non-member representatives”) and other visitors to the ISDA websites or any mobile application which may be utilised by ISDA, and has established this Privacy Policy as a result. Our Privacy Policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our websites, mobile applications utilised by ISDA from time to time and our products and services.
This Privacy Policy is applicable to the processing by ISDA of all personal information (information that relates to you, directly or indirectly. In particular, it could include information that could identify you by reference to an identifier such as your name or national ID number, location data or online identifier. It could also include factors specific to a characteristic you have).
In general, you may visit our websites and any mobile applications utilised by ISDA from time to time without identifying yourself or revealing any personal information. However, ISDA collects domain information from your visit to customise and improve your experience on our websites and any mobile applications utilised by ISDA from time to time.
Below we describe why we might gather personal information from you, what personal information we might collect, how we might collect it and what we might use that personal information for.
ISDA (including its branches in London and Brussels) is the data controller of your personal information. ISDA is responsible for deciding how we hold and use your personal information. We are required under data protection legislation to notify you of the information contained in this Privacy Policy.
We may change our Privacy Policy from time to time and we will post those changes on the ISDA website so that you are always aware of what personal information we collect and how we use it.
If you have any questions, feel free to get in touch via one of the methods set out in the “Contact us” section below.
How do we use your personal information?
We may use your personal information for the following purposes:
- to enable us to provide member representatives and non-member representatives (either directly or through a third party service provider) and other visitors to our websites and any mobile applications utilised by ISDA from time to time with information pertinent to the derivatives market;
- to enable us to provide good customer service to our member representatives, non-member representatives and other visitors to our website and any mobile applications utilised by ISDA from time to time;
- to enable you to use ISDA’s websites and any mobile applications utilised by ISDA from time to time;
- to help us identify you and any accounts you hold with us;
- to inform you of relevant upcoming conferences, boards and committees and related meetings, working groups and working group meetings, documentation releases and other ISDA and/or industry events;
- to administer conferences and events;
- to process transactions through ISDA’s websites or any mobile applications utilised by ISDA from time to time (including taking payment for purchases you may make) and to assist with any inquiries about your transaction;
- for billing purposes and to confirm prior transactions;
- to record your purchase of ISDA products and services and attendance at events;
- to allow us to communicate with you and respond to your queries;
- to prepare working group lists, board and committee participation lists, mailing lists based on email preferences, delegate lists or other similar group participation or distribution lists;
- to send surveys to relevant contacts;
- to send information about ISDA, membership of ISDA and membership renewal to members and/or non-members;
- to analyse member and non-member trends and insights;
- to inform your firm of activities you have participated in, such as your membership of working groups;
- to operate our business, including for internal purposes such as auditing, data analysis, statistical and research purposes and troubleshooting to help us improve our products and services;
- to comply with legal, regulatory and other requirements; and
- to monitor activities as permitted and/or required by local law and/or regulation.
Some of the purposes of processing may overlap and there may be several grounds which justify our use of your personal information.
We collect, use, process and disclose personal information in accordance with applicable data protection and privacy laws. We do not collect, use, process, or disclose personal information for any purpose or in any way other than as described in this Privacy Policy (or, to the extent permitted under applicable data protection and privacy laws, any purpose directly related to, or compatible with, such purpose), unless we are required or permitted by applicable data protection and privacy laws to do so, you are so informed at the time of collection, or we have obtained your consent, directly or indirectly, to use or disclose your personal information for another purpose or in another manner. To the extent permitted by applicable data protection and privacy laws, we may provide your personal information to law enforcement agencies, regulatory bodies, or other government agencies without your knowledge or consent.
What information do we collect?
Through our websites and any mobile applications utilised by ISDA from time to time (including but not limited to, when you place an order for a publication, participate in our surveys, and in connection with other activities, services, products and resources we make accessible through or available on our websites and any mobile applications utilised by ISDA from time to time), we may collect or generate personal information, including but not limited to:
- basic information relating to your identity – such as your name (including gender title / prefix (Dr.; Hon; Miss; Mr.; Mrs.; Ms.; Rev), first name, middle initial, last name and informal name) and gender;
- any unique identification number or other similar numerical or coded identifier;
- professional information – such as your organisation’s name and your job title;
- business contact information – such as your work address, email address, and phone/fax number(s);
- individual profile information – including, but not limited to, whether you are your organisation’s primary ISDA contact, online library contact, legal opinion contact, regional contact, billing contact, proxy, committee key contact, non-member committee contact, ISDA legal counsel contact (including whether you are a lawyer and the jurisdictions you cover), whether you are a member of the ISDA board of directors, a custodian or an ISDA speaker, your secretary/PA name, phone number and email, whether you have recently moved roles or organisation, areas of interest, the date when your ISDA account was created;
- purchase information – including, but not limited to, payment-related information, shipping information and products and services purchased;
- technical information – such as information about the device you use to interact with us (including the unique device identifier, hardware model, operating system and version, its IP address, the internet browser you use, the pages you have visited on the ISDA websites and any mobile applications utilised by ISDA from time to time, information in relation to your session, and mobile network information, in the case of any mobile applications utilised by ISDA from time to time);
- personal email preferences – including, but not limited to, whether you have opted to receive emails relating to conferences, news, memos, blogs, SwapsInfo, evaluation forms, protocol, IQ Magazine, and whether you have opted out of any of the above emails or unsubscribed from all emails; and
- correspondence – when you contact us, including, but not limited to, making an enquiry or a request, and any correspondence relating to any such enquiries or requests.
For your security, our online transactions are encrypted. If you register for an event on behalf of someone else via our website, the credit card details you provide to register may be visible to a limited number of ISDA employees, but will always be transmitted in an encrypted format.
How do we obtain your personal information?
We may collect your personal information when you visit our websites or use any mobile applications utilised by ISDA from time to time. For more information about our use of cookies, third party tracking tools and automatic information, please see the “Cookies”, “Third Party Tracking Tools” and “Automatic Information” sections below.
Otherwise, we gather information when you provide it to us through our websites and mobile applications utilised by ISDA from time to time or when you interact with us directly. For example, when you sign up to attend a conference or other event or place an order for a publication.
For further information on this, please refer to the Member and Non-Member Privacy Notice here. We combine information that we have about you from various sources, including the information that you have provided to us.
On what basis do we use your personal information?
We may use your personal information on the following basis:
- to enter into agreements with you or your firm, and to perform all obligations and exercise all rights under, and in accordance with, such agreements;
- for the legitimate business interests of ISDA, including to ensure that ISDA (i) is able to maintain its relationships with existing member representatives and non-member representatives and other visitors to our websites and mobile applications utilised by ISDA from time to time; and (ii) to promote its services and products to member representatives, non-member representatives and other visitors to our websites and mobile applications utilised by ISDA from time to time and to inform them of the same. Using your personal information helps us to operate and improve our business, minimise any disruption to the services that we may offer to you, make our communications with you more relevant and personalised to you, and make your experience of our services more efficient and effective;
- to comply with any legal or regulatory obligations;
- because you have given your consent – at times we may ask for your consent to allow us to use your personal information for one or more purposes; and
- for the establishment, exercise or defence of legal claims or proceedings.
With whom do we share your personal information?
Due to the global nature of our organisation, ISDA needs to be able to move your personal information throughout the world. We may share certain of your personal information with:
- venues for ISDA’s conferences and other events and other third parties assisting ISDA with organising and running conferences and events (e.g. sending delegate lists to venues);
- other ISDA offices and members of the ISDA group of companies;
- your firm or other individual representatives of that firm;
- employees and consultants in relevant departments throughout ISDA, including the Conferences and Membership departments and the Finance department;
- third parties that provide products and services to ISDA such as IT systems suppliers and support;
- local and foreign legal and regulatory authorities and governments; or
- consultants, accountants, auditors, lawyers and other outside professional advisors.
All our third-party service providers and other offices will be required to take appropriate security measures to protect your personal information in line with our policies and procedures in force from time to time. Third-party service providers will not be allowed to use your personal information for their own purposes and they will only be permitted to process your personal information for specified purposes and in accordance with our instructions.
See “How we secure your information” below for more information on how we will keep your personal information secure when sharing it with others.
Transfers of your personal information outside of your home country
Your personal information may be processed by ISDA and its trusted third-party suppliers anywhere in the world (for example, to our offices in Hong Kong, Singapore, Tokyo and the US), including in countries where data privacy laws may not be equivalent to, or as protective as, the laws in your home country. We will implement appropriate measures to ensure that your personal information remains protected and secure when it is transferred outside of your home country, in accordance with applicable data protection and privacy laws. These measures include data transfer agreements implementing standard data protection clauses. You can find more information about data transfer agreements here. Where we transfer personal information to third party recipients that are certified under the EU-U.S. Privacy Shield, we may rely on this certification to protect your personal information.
How long is your personal information retained?
We will keep your personal information, as updated from time to time, only for as long as it remains necessary for the purposes for which it was collected (outlined in the “How do we use your personal information?” section above) or as required or permitted by applicable privacy and data protection laws.
To determine the appropriate retention period for personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
Please note that retention periods will vary depending on the jurisdiction in which your personal information is processed.
Cookies
Our websites use “cookies” to identify the areas of our websites that have been accessed by the device you are currently using. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to personalize the content that you see on our websites, by keeping your ISDA username in a cookie file after you log in for the current session or longer if you check the ‘Remember Me’ box. We also use Google Analytics, a third party tool that uses cookies to identify the areas of our websites that have been accessed by users and also to collect information about user devices (IP address, browser, operating system, requested resources etc.). Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access functionality on our websites correctly or at all. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.
Automatic Information
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our websites, if any, as well as the name of the website to which you’re headed when you leave our websites. This information also includes the IP address of your computer/proxy server that you use to access the internet, your internet website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our users to help improve our websites.
How we secure your information
We will use appropriate security measures and technologies to help protect your personal information.
If you register for an ISDA event, buy an ISDA publication or perform other transactions on the ISDA website, our website and any mobile applications used by ISDA from time to time encrypt the credit card number you submit prior to transmission over the internet using secure socket layer (SSL) encryption technology. If you register for an event online via our website on behalf of someone else, the credit card details you provide to register may be visible to a limited number of ISDA employees, but will always be transmitted in an encrypted format. While this technology is quite secure, transmission of data over the internet or any other public network cannot be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard your personal information once we receive it, we cannot warrant the security of information you transmit to us. Transaction reports from our credit card authentication agency do not show your full credit card details.
Any ISDA personnel handling personal information will be required to take appropriate measures to maintain, secure and protect the confidentiality of such information and take appropriate precautions to protect personal information from any unauthorised use, disclosure or potential loss.
When ISDA retains a third-party service provider, that provider will be carefully selected in accordance with ISDA’s policies and procedures and the third-party service provider will be required to use appropriate safeguards in relation to the handling of your personal information (including in relation to maintaining confidentiality of your personal information and implementing appropriate technical and organisational security measures).
Your personal information will only be accessed by those employees, agents, contractors, secondees and other third parties who have a business need to access such personal information. They will only process your personal information on our instructions and they will not be allowed to use personal information for their own personal use or otherwise outside of their engagement with ISDA. In addition, they will be required to use appropriate safeguards in relation to the handling of your personal information (including complying with any rules and policies implemented by ISDA, maintaining confidentiality of your personal information and implementing appropriate technical and organisational security measures).
Whilst we endeavour to protect the privacy of your accounts on ISDA websites and any mobile applications utilised by ISDA from time to time and other personal information, we cannot guarantee complete security. Unauthorised entry or use, hardware or software failure, and other factors, may compromise the security of user information. Please be reminded that e-mail communication is not secure. When requesting information or sending forms to us by e-mail, we recommend that you do not include any confidential information (i.e. credit card information). For your protection, our e-mail responses to you will not include any confidential information.
Portions of the website, such as the Members section, and any mobile applications utilised by ISDA from time to time, require registration and log-in processes that need a password. Your password is intended for your sole and individual use. You are responsible for maintaining the confidentiality of your password. All activities that occur using your password are your responsibility. Please immediately notify us of any unauthorised use of your password or your account.
Your rights
In certain circumstances, you may be entitled to:
- ask ISDA about the processing of your personal information, including making requests to be provided with a copy of your personal information;
- request the correction and/or deletion of your personal information;
- request the restriction of the processing of your personal information, or object to that processing;
- withdraw your consent to the processing of your personal information (in circumstances where ISDA is processing your personal information based on your consent);
- request receipt or transmission to another organisation, in a machine-readable form, of the personal information that you have provided to ISDA; and
- in certain countries, complain to your local supervisory authority if your privacy rights are violated, or if you have suffered as a result of unlawful processing of your personal information.
Please note that your rights may vary depending on the jurisdiction in which your personal information is processed. If you would like more information about your rights, or have any concerns about ISDA’s processing of your personal information, please let us know by getting in touch with us using the details set out in the “Contact us” section below.
Where you are given the option to share your personal information with us, you can always choose not to do so. If you object to the processing of your personal information ISDA will respect that choice in accordance with its legal obligations. This could mean that we are unable to perform the actions necessary to achieve the purposes of processing described above (see “On what basis do we use your personal information?” above).
How to limit promotional information you receive from us
If you do not wish to receive our electronic newsletters or information on upcoming conferences, events, or other activities relevant to the derivatives industry, there are two ways you can notify us.
1. Write to us at:
International Swaps and Derivatives Association, Inc.
10 E. 53rd Street, 9th Floor
New York, NY 10022
Attn: Legal Department
International Swaps and Derivatives Association, Inc. (London branch)
One Bishops Square
London E1 6AD
Attn: Legal Department
International Swaps and Derivatives Association, Inc. (Brussels branch)
38/40 Square de Meeûs 1000 Brussels
Belgium
Attn: Office Manager
2. Email us at privacy@isda.org
When notifying us, please include your mailing address. In addition, please let us know whether you would like to continue to receive certain specified information (e.g. information on upcoming conferences and events only) or whether you would prefer to be removed from our database entirely.
After you have chosen to withdraw your consent in relation to receipt of promotional information, ISDA may be able to continue to process your personal information to the extent required or otherwise permitted by law.
Any email for which the primary purpose is the advertising or promotion of a product or service will contain contact information/link and a reply email address to which you may reply to opt-out from receiving similar future emails.
Your instructions to limit the use of your information will be processed as soon as reasonably practicable and in accordance with applicable law.
Governing law
The ISDA websites and any mobile applications utilised by ISDA from time to time are operated in the United States. If you are located outside the United States, please be aware that any information you provide to us will reside on our databases in the United States. The ISDA website and any mobile applications utilised by ISDA from time to time operate in accordance with the privacy laws of the United States and most recently the CAN-SPAM Act of 2003.
We also comply with the General Data Protection Regulation (GDPR). For the purposes of the GDPR, our lead supervisory authority is the UK’s Information Commissioner’s Office (ICO). If you have additional questions regarding the law or if you feel we have not treated your personal information appropriately, you may contact the ICO at the following address.
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
Contact us
ISDA welcomes your comments and concerns relating to your personal information and this Privacy Policy. Please send your comments and questions to privacy@isda.org. You can also write to the following addresses:
International Swaps and Derivatives Association, Inc.
10 E. 53rd Street, 9th Floor
New York, NY 10022
Attn: Legal Department
International Swaps and Derivatives Association, Inc. (London branch)
One Bishops Square
London E1 6AD
Attn: Legal Department
International Swaps and Derivatives Association, Inc. (Brussels branch)
38/40 Square de Meeûs1000 Brussels
Belgium
Attn: Office Manager