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Privacy Policy

STERLING TRADER PRIVACY STATEMENT

Your privacy is our priority.

We are committed to protecting our customers’ personal and financial information. In the course of providing you with products and services, we need to collect and maintain certain nonpublic personal information about you. This Privacy Statement answers some questions about what nonpublic personal information we collect, what we do with it, and how we protect it.

What types of nonpublic personal information about me do you collect?

When you open and maintain an account with us we collect the following types of information:

  • Information provided by you on applications or other forms, such as your name, mailing address, Social Security number, date of birth, employment information, investment experience, and risk tolerance.
  • Information about your transactions with us, such as your account balance, trading activity and payment history.
  • Information about you from consumer-reporting agencies and/or information services companies that include creditworthiness, credit history and identity verification.

What types of nonpublic personal information about me do you disclose?

We may disclose nonpublic personal information about you that we collect, primarily to make available to you the financial products and services that we and our business partners provide. We do not disclose nonpublic personal information about former customers to anyone, except as permitted by law.

To what types of entities (other than those companies used to process or service transactions) do you disclose my nonpublic personal information?

We may disclose certain information about you to our affiliated companies and to other financial services providers with which we have joint marketing agreements or that offer financial products and services with us or on our behalf. By sharing information about you and your accounts, transactions, and other customer relationships with our affiliated companies and other financial services providers, we can provide you with a broader range of financial products and services, improve your experience with us, and better serve your financial needs.

We may also disclose information that we collect from you such as your name, contact information, and customer relationships with us to nonaffiliated third parties that perform services for us other than processing or servicing transactions, such as marketing or market research. For example, we may provide your name, address, phone number, and/or e-mail address to vendors who send our e-mail or regular mail.

We require that all entities with which we share your nonpublic personal information, including companies that process or service transactions for us, agree to keep your information confidential. We also prohibit them from using or disclosing your information except for the limited purposes and to the persons for whom disclosure was intended, or as otherwise permitted by law.

We do not sell your personal information to third-party marketers or any other entity for any purpose.

In some limited circumstances, we may disclose nonpublic personal information about you to a non-financial services company, such as a retailer with which we have a marketing program, but only with your prior consent (or “opt in”). If you consent (or opt in) to such disclosure, the information shared will be limited to that stated in our request for your consent. Account balance, credit, Social Security number, and trading activity information are never disclosed.

To what other types of entities might you disclose my nonpublic personal information?

We also may disclose information about you to companies that service, maintain or process for us your transactions and accounts. For example, we provide information to companies that prepare and mail account statements and transaction confirmations.

In addition, we disclose nonpublic personal information to nonaffiliated third parties as permitted or required by law. These parties include government/regulatory organizations such as the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), and the Securities and Exchange Commission (SEC), and to parties under court order or subpoena that request this information. Disclosures for which you have provided your consent or you have directed us to make are also permitted.

What are my rights to opt out of disclosure and how can I exercise them?

The law allows you to “opt out” of our sharing nonpublic personal information about you in certain circumstances with affiliated and nonaffiliated companies; that is, you may direct us to not make such disclosures. We do not currently share information about you with any affiliate or third party that triggers this opt out right. Therefore, there is no need for you to opt out. If in the future we desire to disclose your information in a way that is inconsistent with this policy, we will notify you in advance and provide you with the opportunity to opt out of such disclosure.

How do you protect the confidentiality and security of my nonpublic personal information?

We maintain physical, electronic, and procedural safeguards that meet or exceed industry standards to guard your nonpublic personal information. Any Customer and / or trading related data sent across public network space such as the Internet while utilizing one of our products is protected by industry leading encryption mechanisms. We make sure that the technology we use is always up to date to achieve the best possible protection at any given time.

Our employees (for example, customer service and compliance personnel) and third party service providers have access to your nonpublic personal information only on a “need to know” basis. We conduct regular internal audits of our business practices and procedures, examining confidentiality standards and information access in order to protect your personal information.

How can I access and update the nonpublic personal information that Sterling Trader, LLC collects about me?

We take measures to ensure that your nonpublic personal information is accurate and up-to-date. You can also update certain nonpublic personal information that we collect about you. To update your mailing address or your home or work phone numbers, please contact your Relationship Manager or write to us at:

Sterling Trader, 225 West Washington Street, Suite 400, Chicago, Illinois 60606 U.S.A.

In your communication, please include your account number(s), your old information, and the new information that you want updated.

For answers to other questions regarding our Privacy Statement, please e-mail [email protected]

Additional Terms of Service for Sterling Trader® Mobile

PTS FINANCIAL TECHNOLOGY, LLC (dba STERLING TRADER) or our affiliates (“PTS”, “STERLING” “we”, “our” or “us”), may make available to you as a subscriber, software, application(s) or services that allow you to access, use and view your STERLING account via a mobile device (such as a mobile phone, tablet, smartphone, watch, eyeglasses, or other similar device) (“Mobile Device”). This software, application or service are called Sterling Trader, Sterling Trader Mobile, Sterling TM or Sterling Mobile (collectively “STERLING Mobile”).

Please read this end-user license agreement (“Agreement”) carefully before clicking the “Accept” button or downloading, installing, accessing or using STERLING Mobile accompanying this Agreement. By clicking the “Accept” button or downloading, installing, accessing, using or viewing STERLING Mobile or any of its contents, you are entering into and agreeing to be bound by the terms of this Agreement and the terms and conditions of STERLING’s Privacy Statement available on STERLING’s website, as amended from time to time.

LICENSE GRANT

STERLING grants you a limited, non-exclusive, non-transferable, revocable, personal license to install and use STERLING Mobile on your Mobile Device. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on STERLING Mobile, or remove any proprietary notices or labels on STERLING Mobile.

Title, ownership rights and intellectual property rights in and to STERLING Mobile shall remain with STERLING. You are solely responsible for all data electronically transmitted or the use of any data, information or services obtained through the use of STERLING Mobile. You are solely responsible for following the rules of the website to which STERLING Mobile can connect and STERLING assumes no liability for damages that may result from your use or misuse of those sites.

This Agreement constitutes a license and a license only. You agree that you have not purchased a copy of STERLING Mobile, but rather are paying (or no charge) for a license to use STERLING Mobile and your adherence to all license terms shall be considered conditions precedent to your ability to continue to use and license STERLING Mobile. All copyright rights and other intellectual property rights are owned and remain solely owned and held by STERLING. You agree to use STERLING Mobile, and all related software provided to you by STERLING, solely to access and use the services of STERLING and agree not to modify, decompile, reverse engineer, or create derivative works of STERLING Mobile without the express written authorization of STERLING. Except as otherwise required by applicable law or regulation, STERLING, at any time in its sole discretion without prior notice, may (i) terminate your use and license of STERLING Mobile, (ii) expand, reduce or suspend the type and or dollar amounts of transactions allowed using STERLING Mobile, (iii) change the enrollment process and transaction limits associated with it, (iv) update, revise, or modify STERLING Mobile, or (v) discontinue support for STERLING Mobile.

INTELLECTUAL PROPERTY NOTICE

STERLING Mobile is owned by STERLING or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to STERLING Mobile are reserved by STERLING and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the “Intellectual Property”) are proprietary to STERLING, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but limited to, copyright and trademark notices, from STERLING Mobile or alter, obscure or modify such notices in any way. Except as expressly and unambiguously provided herein, STERLING does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to the STERLING Mobile or any other Intellectual Property.

PRIVACY AND SECURITY

Use of STERLING Mobile involves the electronic transmission of data and information to and from your Mobile Device across wireless and other networks. You acknowledge and agree that STERLING does not operate or control the wireless and other networks used to access your account, and STERLING is not responsible or liable for the privacy and security of your wireless data and information transmissions. You agree that it is your sole responsibility to confirm the privacy and security practices of the networks you use and to only use a reputable wireless service provider or a secure (not open) WiFi access point which is operated by a person or entity you have reason to trust.

You agree that STERLING’s Privacy Statement, which is available on STERLING’s website, shall apply to this Agreement and your use of STERLING Mobile. STERLING Mobile will collect unique device identifiers and may employ other technologies and practices to provide functionality for STERLING Mobile.

You acknowledge and agree that it is your responsibility to maintain the security of your Mobile Device from unauthorized access. You further agree that in the event of any unauthorized access, or attempt to access your Mobile Device or your account, you shall immediately notify STERLING of any such access or attempt and cooperate with any investigation by STERLING into such access or attempt.

Certain versions of STERLING Mobile may include application level fingerprint authentication support. If you elect to enable fingerprint authentication, any person whose fingerprint is enrolled on your device will be able to access your application and shall be considered to be an authorized user of your account. If there are people, such as children, who have fingerprints enrolled in your device authentication system whom you do not wish to have access to your account, please do not enroll in fingerprint authentication for this Software. Fingerprint authentication is a function of your device operating system and the version of STERLING Mobile that may support such function. For further information on device and operating system support, you should consult your device documentation.

By installing STERLING Mobile on your Mobile Device, you are consenting to the transmission of data related to your use of STERLING Mobile to servers in the United States or other territories as applicable.

INFORMATION

You understand that the information available through STERLING Mobile, including through other links within STERLING Mobile (“Information”), has been produced by independent providers unaffiliated with STERLING, various securities markets, such as stock exchanges and their affiliates, and by other outside sources. The Information is believed to be reliable. However, STERLING and its affiliates are not responsible for the content and the timeliness, sequence, accuracy, adequacy, or completeness of the Information is not guaranteed either by STERLING or by the independent providers. Any opinions or recommendations expressed through other links are solely those of the independent providers and are not the opinions or recommendations of STERLING or its affiliates. You agree that you will not attempt to hold STERLING liable for any Information provided through STERLING Mobile.

DISCLAIMER OF WARRANTIES

STERLING HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF STERLING MOBILE. STERLING MOBILE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IS WITH YOU. PORTIONS OF STERLING MOBILE ARE SUBJECT TO ADDITIONAL LIMITATIONS AND DISCLAIMERS AS SET FORTH BELOW.

LIMITATION OF LIABILITY

IN NO EVENT WILL STERLING, ITS AFFILIATES, OR ANY THIRD PARTY, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF STERLING MOBILE, EVEN IF STERLING, OR ANY THIRD PARTY, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER STERLING, ITS AFFILIATES, NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES AND STRIKES OR OTHER LABOR PROBLEMS. IN ANY CASE, THE ENTIRE LIABILITY OF STERLING AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS, FOR ANY DAMAGES FOR WHATEVER REASON AND UNDER WHATEVER THEORY OF LIABILITY, SHALL BE LIMITED TO TEN DOLLARS ($10.00).

ADDITIONAL TERMS

You agree that STERLING has the right to limit, alter or discontinue available features and services, terminate or suspend the STERLING Mobile service at any time and at STERLING’s sole discretion with or without notice.

It is your responsibility to ensure that STERLING Mobile is compatible with your Mobile Device and related software. STERLING will provide you with updates and modifications to its STERLING Mobile service as and when these become available. It is your responsibility to install these updates and modifications and STERLING will operate on the basis and assume that you have done so. You agree that you will not attempt to hold STERLING liable for any damages you incur as a result of any incompatibility issues between STERLING Mobile and your Mobile Device. You also acknowledge and agree that certain Mobile Devices may provide different features, Information, services and trading capability than other Mobile Devices and STERLING Mobile functionality and features may differ by Mobile Device. Certain Mobile Devices may have greater limitations and provide less STERLING Mobile services than others. Stock quotes on certain Mobile Devices may not include the time of the quote and will not permit trading from such Mobile Devices.

You acknowledge and agree that STERLING is entitled to assume that any instruction transmitted via a Mobile Device using your account details has been transmitted by you or by a person duly authorized by you and is at your risk. Therefore, STERLING has the absolute authority to effect any instruction made via a Mobile Device, where the requisite account and password information in relation to your account has been provided. You must immediately inform us if you are aware or suspect that a third party has had access to your username, account number or password or if you suspect that any person other than you or any duly authorized third party is dealing on your account. You also acknowledge and agree that STERLING is entitled to decline to process any instruction transmitted via a Mobile Devise using your account details in its sole discretion, if STERLING suspects fraud, unauthorized use or for any other reason.

If, as a result of the error or failure of the STERLING Mobile service that is out of our control, our internal records are at variance with your mobile records or own recollection, the version of events supported by our records will prevail and any obligations on either party shall be assessed on the basis that our internal records are correct.

We do not accept any liability for damage to your mobile device or for any loss of functionality that results from your use of STERLING Mobile and you agree that you will not attempt to hold STERLING liable for any such damage or loss of functionality.

STERLING may or may not charge you additional fees for using STERLING Mobile, you may be charged by your Mobile Device carrier for data network usage. Because the STERLING Mobile application provides access to real-time streaming quotes, you understand that STERLING recommends that you obtain an unlimited data plan from your Mobile Device provider.

STERLING may require you to update your version of STERLING Mobile at any time. While we will attempt to retain your personal settings and preferences, there is still the possibility that they may be lost.

As part of STERLING Mobile, you may receive push notifications, text messages, alerts, or other types of messages sent to you outside or inside STERLING Mobile (“Push Messages”). You have control over certain Push Messages settings, and can opt in or out of these Push Messages through STERLING Mobile or through your device’s operating system (with the exception of Urgent Notifications). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.

You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

RISKS ASSOCIATED WITH MOBILE TRADING

Due to the nature of mobile technology you should be aware of the following risks related to STERLING Mobile and mobile phone trading:

STERLING Mobile services may not allow the same functionality, access to information and services which are available when not using a Mobile Device.

Due to the nature of Mobile Devices, we do not warrant that the operation of our STERLING Mobile services will be uninterrupted or entirely error-free. For example, due to service connectivity or internet connection difficulties endemic with mobile applications the service may, from time to time, be subject to delay, error or failure, with results that include, but are not limited to, the following:

  • an inability for you to place orders;
  • the services delivering inaccurate information including price and/or quote information;
  • delay in receipt of information by us from your Mobile Device or from us to your Mobile Device;
  • a failure of your Mobile Device to receive any messages from us; or
  • you erroneously believing that you have placed an order when our records show that we have not accepted an order from you.

You agree that you will not attempt to hold STERLING liable for any damages related to any of the above issues or any other related issues.

It is possible that a wireless connection or function may not be available when using STERLING Mobile or is interrupted, or that a feature can be disabled, when attempting to conduct a financial transaction. Should this happen, review your transaction status to verify the status of the attempted transaction when you return to an area with wireless coverage or have access to a computer, or contact an STERLING representative by telephone.

MISCELLANEOUS

This Agreement represents the entire agreement between the parties regarding its subject matter and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral. STERLING may amend this Agreement from time to time, and you agree to be bound by future revisions. The revisions will take effect on the date of publication of the amended Agreement.