| Privacy Policy
and Online Data Collection Notice
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Effective December 1, 2011 |
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Our Commitment to Privacy
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Overview
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The Information We Collect
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How We Use Information
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Sharing and Disclosing Information
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Our Commitment to Data Security
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Processing Data in the United States
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How to Access or Correct Your
Information
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How to Contact Us
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Changes in This Privacy Policy
1.
Our Commitment to Privacy
The privacy of the
information that you provide us is very important to us.
This Privacy Policy is intended to explain our
information practices at American Trade System
("ATS") and to inform you of the manner in which your
personal information is protected.
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2.
Overview
The practices of this
Privacy Policy apply to all information collected or
submitted under the domain and subdomains of
www.americantradesystem.com (the "Site"). This Privacy Policy does
not apply to the offline activities of ATS or the
websites of any of its brokers, or Members of the ATS
Marketplace. By registering on our Site you agree to be
bound by the terms and conditions of this Privacy
Policy. You may not use or access our Site if you do not
agree to the terms and conditions of this Privacy
Policy.
This Privacy Policy
describes the information, as part of the normal
operation of our services relating to the Site, we
collect from you and what may happen to that
information. By accepting the Privacy Policy and the ATS
Member Agreement ("Member Agreement") in registration,
you expressly consent to our use and disclosure of your
personal information in accordance with this Privacy
Policy. This Privacy Policy is incorporated into and
subject to the terms of the Member Agreement and all
defined terms in the Member Agreement have the same
meaning in this Privacy Policy.
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3.
The Information We Collect
You can visit portions
of the Site at any time without providing any
information about yourself. However, in order to use
certain portions of the Site, you will need to provide
some personally identifiable information. In order to
facilitate transactions between Members of the ATS
Marketplace (or other permitted parties), we must
provide information such as your name, address,
telephone number, ATS Member account number, email
address and web address ("Member Information"). We will
never divulge your taxpayer identification number,
except as required by law or to our licensed brokers
(collectively "brokers") or third parties we contract
with to provide all or part of the Services. In
connection with your payment arrangements you may have
provided us with credit card numbers and expiration
dates or you may also have given us information
concerning bank account name, account number and
location. This information is regarded as completely
private and will not be shared with any other company or
Member of the ATS Marketplace, except that it may be
disclosed to credit card process companies, banks and
third parties we contract with to process payments from
you.
Accounts. To
use our services, such as searching the Marketplace,
creating web pages, viewing web pages, uploading
information, buying and selling products and/or
services, etc., you will need to register and create an
account with us. To create such an account, you will
need to choose a User ID name and password. You will
also be asked to provide certain personally identifiable
information, address, telephone number, and e-mail
address. If you do provide ATS with personally
identifiable information, we will take reasonable steps
to protect this information. We also urge you to keep
your password confidential and refrain from sharing it
with others. You acknowledge and agree that your Member
Information will be available to the general public
accessing the Site.
E-mail Newsletter.
ATS or third parties we contract with may use your
registered name and email address to provide you with
email newsletters and announcements. You can opt-out of
(unsubscribe from) receiving future mailings by
following the directions contained in each newsletter.
Significant
Announcements by Email. ATS may also use your
registered name and email address to provide you with
significant announcements about Site functions or
services that you are registered to use, about Site
updates, about any user account you may create, about
fulfillment of a specific transaction you have
requested, or about other significant developments that
may affect your use of the Site. You cannot opt-out of
this kind of email.
Communications with
Others. The Site may allow you to contribute to one
or more blogs or communicate by means of online
functions. Nothing requires you to disclose your
identity to others. If you choose to disclose your
identity to third parties using any Site function or
service, you do so at your own risk. ATS is not
responsible for the privacy or security of any
information, personal or otherwise, that you may choose
to communicate or exchange using the functionality of
the Site. Each item of information or any materials you
contribute for such purposes are your "Public Content."
Public Content must be content and information that you
have a right to disclose and transfer and must not
violate any other person’s privacy or intellectual
property rights.
Links. This
Site may contain links to other sites. ATS is not
responsible for the privacy practices of such other
sites. ATS encourages users to be aware when they leave
the Site and to read the privacy statements of sites
that collect personally identifiable information. This
Privacy Policy applies only to information collected on
this Site.
Feedback to ATS.
ATS may allow feedback functionality on the Site that
allows you to submit comments, suggestions, or bugs
found. ATS may collect your name or username and email
address in order to follow up with you or thank you for
a suggestion.
Communication
Tracking. Any time you contact one of our employees
or an employee of an ATS licensed broker, a record of
that communication may be maintained by ATS. This
applies to any method of communication including the
content of telephone calls, e-mails and letters. The
records we maintain will also include any transactions
you have entered into with Members or other authorized
parties and may include comments from persons or
entities that have transacted with you. This information
may be used to help resolve disputes with our own
accounting department or with another Member or
authorized party. We may also ask your opinion of
services which we offer or plan to offer to analyze our
performance or opportunities.
Transaction
Tracking. We maintain records of every sale,
purchase and transfer into or out of your ATS account.
We also maintain records of each fee charged to you and
each payment made by you to ATS, whether it is in US or
ATS trade credits, sometimes call virtual dollars.
Transaction
Facilitation. We may provide your contact
information to other Members or parties permitted to
transact on the Marketplace so that they may contact you
to solicit your business and to obtain products and/or
services from your business. We may solicit Members and
parties permitted to transact on the Marketplace on your
behalf and will inform Members how they may contact you.
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4.
The Way We Use Information
We use information
about you to operate the Site and to facilitate the
transactions and any services available through it that
you request, to inform you of other services or offers
in which you might be interested, and to improve and
enhance the Site. We use your personal information and
other information we obtain from your current and past
activities on the Site to: resolve disputes;
troubleshoot problems; help maintain transactional
integrity; collect fees owed; measure interest in our
products and services, inform you about online and
offline offers, products, services, and updates;
customize your experience; detect and protect us against
error, fraud and other criminal activity; enforce our
Member Agreement; and as otherwise described to you at
the time of collection. At times, we may look across
multiple users to identify problems or resolve disputes,
and in particular we may examine your personal
information to identify users using multiple User IDs or
aliases. We may compare and review your personal
information for errors, omissions and for
accuracy.
If you choose to
transact business on the Site and provide your financial
information for the payment of ATS fees, we use your
address and billing information to bill you and provide
associated support. We do not share information
concerning your credit card numbers and expiration dates
and bank account names and account numbers with outside
parties except credit card process companies, banks and
third parties we contract with to process payments from
you.
You agree that we may
use personal information about you to improve our
marketing and promotional efforts, to analyze Site
usage, improve our content and product offerings, and
customize the Site’s content, layout, and services.
These uses improve the Site and better tailor it to meet
your needs, so as to provide you with a smooth,
efficient, safe and customized experience while using
the Site.
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5.
Sharing and Disclosing Information
We may disclose your
personally identifiable information to third parties
under the following circumstances: (a) we have been
given your consent to disclose; (b) we have previously
informed you of the disclosure; (c) we are required by
law or court order to disclose or to comply with any
legal or regulatory requirement, including without
limitation in connection with a search warrant or demand
for documents; (d) disclosure is necessary to identify,
contact, or bring legal action against, someone who may
cause or be causing harm to, or interference with, our
rights or property, other Site users, or anyone else; or
(e) we utilize brokers or third parties to provide
specific goods or services in connection with the Site.
When you sign up for such goods or services, ATS will
share names or other contact information that is
necessary for the brokers or third party to provide
these goods or services or view the products and
services you offer. You acknowledge and agree that any
actions or obligations that we may take or have under
this Privacy Policy may be performed by brokers or third
parties we contract with. These brokers or third parties
are prohibited from using your personally identifiable
information except for the purpose related to these
goods or services.
We may also use IP
addresses in cooperation with your Internet service
provider to identify users if we deem it necessary to
enforce compliance with this Privacy Policy or to
protect our Site, our customers or others. You consent
to the disclosure to, and use by, a subsequent owner or
operator of the Site, of any and all information about
you contained in the applicable Site database, if we
assign our rights and obligations in connection with the
Site or is otherwise acquired via merger, acquisition,
or sale of all or substantially all of our assets to a
subsequent owner or operator. In any such event, you
acknowledge that the use and storage or your personal
information will be governed by the privacy policy of
the Site’s subsequent owner or operator. In addition to
the other disclosures permitted under this Privacy
Policy (including personally identifiable information)
from time to time, ATS may share with third parties
aggregate, non-personally identifiable user information
to show general demographic and preference information
among users of the Site.
Strategic alliances.
From time to time we may enter into relationships with
companies to market products or services not currently
being offered by ATS. In connection with such
relationships and alliances, we may furnish your contact
information to others so that they may view the products
and services you offer or which they have contracted
with us to provide. We will not furnish any confidential
information to such alliances without your consent.
Members may be given the functionality to opt out and
elect not to allow any information to be shared with our
strategic alliances, but you may not opt out of the
Member Information being provided to other Members or
other parties permitted to trade on the Marketplace, ATS
licensed brokers or our corporate employees. To the
extent you link to another site from our Site, we are
not responsible for the privacy practices of other
sites.
Cooperation with
police authorities and lawful orders of the courts.
We will cooperate with any investigation with any
jurisdiction’s police authorities in their investigation
of the utilization of the ATS Marketplace for criminal
activities and will comply with any subpoena or court
order requiring the turnover of personally identifiable
information that we believe is necessary to protect ATS
from liability.
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6.
Our Commitment to Data Security
To prevent unauthorized
access, maintain data accuracy, and ensure the correct
use of information, we have put in place physical,
electronic, and managerial procedures to safeguard and
secure the information we collect online or information
you provide directly to us. Your ATS account personal
information is protected by a password for your privacy
and security. While we take precautions against possible
security breaches of the Site, no web site or Internet
transmission or connection is completely secure.
Consequently, we cannot guarantee that unauthorized
access, hacking, data loss, or other breaches will never
occur; and your use of the Site is at your own risk. We
urge you to keep your personally identifiable
information safe by (i) memorizing your password or
keeping it in a safe place, separate from your account
information, (ii) logging out of your User Account, and
(iii) closing your web browser. Unless otherwise
specified herein or on the Site, credit card numbers and
bank account numbers are used only for payment
processing and are not retained for marketing or any
other purposes. ATS uses good faith efforts to ensure
that a security technology known as a
secure-socket-layer is employed to protect the
transmission of payment information to the Site.
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7.
Processing Data in the United States
By providing any
personal information to the Site, all users, including,
without limitation, users in Canada, Central and South
America, fully understand and unambiguously consent to
this Privacy Policy and to the collection, storage, and
processing of such information in the United States of
America.
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8.
How You Can Access or Correct Your Information
We allow you to access
your personally identifiable information for the purpose
of viewing, and in certain situations, updating that
information. You can correct factual errors in your
personally identifiable information by sending us a
request that credibly shows error. To protect your
privacy and security, we will also take reasonable steps
to verify your identity before granting access or making
corrections.
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9.
How to Contact Us
We want you to fully
understand our privacy practices, and we welcome your
comments and questions on this policy statement. Should
you have comments, questions or concerns about these
privacy practices, please call us at 775-852-6280 or
send us an e-mail at:
info@americantradesystem.com
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10.
Changes in This Privacy Policy
This Privacy Policy
will change as our business changes, and use of
information that we gather is subject to the Privacy
Policy in effect at the time of use. If we make changes
to this Privacy Policy, we will post the version of the
Privacy Policy containing such changes on the Site, so
you can remain aware of what information ATS collects,
how ATS uses it, and under what circumstances, if any,
ATS discloses it.
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