This European Privacy Notice describes how The Funded Trader, LLC, organized in the State of Texas (“The Funded Trader”) complies with the General Data Protection Regulation effective as of 2018 and the United Kingdom’s Data Protection Act of 2018 (collectively, “GDPR”) with respect to personal data collected about individuals in Europe (“European data subjects”).
How We Process Data
The Funded Trader may receive your data indirectly through your credit card processing companies and governmental agencies.
How We Use Your Data
We use your data to process your purchase or to issue payments to you, manage your account, email you with special offers on other products we think you might like, send billing reminders, and perform other activities necessary and proper to serve you as best we can. Please see our general Privacy Statement (www.thefundedtraderprogram.com) for more details.
The GDPR is a law of the European Union (and set of rules some countries outside of the EU mirror) that gives individuals in Europe additional rights relating to the personal information collected about them. The main rights under that law are:
· Right to Access. You have the right to request The Funded Trader to make copies of your personal data. You may be charged a small fee for this service.
· Right to Rectification. You have the right to request The Funded Trader to correct any information you believe is inaccurate. You also have the right to request The Funded Trader to complete any information you believe is incomplete.
· Right to Erasure. You have the right to request The Funded Trader to erase your personal data, with certain exceptions.
· Right to Restrict Processing. You have the right to request The Funded Trader to restrict the processing of your personal data, with certain exceptions.
· Right to Object to Processing. You have the right to object to The Funded Trader’s processing of your personal data, with certain exceptions.
· Right to Data Portability. You have the right to request The Funded Trader to transfer the data that we have collected to another organization, or directly to you, with certain exceptions.
These rights can be exercised by an individual in Europe or their designated agent such as an attorney or those in possession of a power of attorney.
The GDPR applies to personal data of individuals in Europe, such as those who interact with The Funded Trader’s products and website. “Personal data” is defined broadly in the GDPR, and essentially encompasses any information that can be used directly or indirectly to identify an individual in Europe (or other non-EU state that adopted the provisions within GDPR). GDPR Article 4 defies “personal data” as any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification umber, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
GDPR applies to personal data processed through purely automatic means or through non-automatic means.
Right to Access
In accordance with the GDPR requirements, European data subjects may contact The Funded Trader to exercise their right to access the personal data that we hold about them as well as how the data was used, the categories and the identity of third parties with whom the data was shared, and the purpose(s) for the sharing of the information. They can do so by exercising that right via one of the other options identified in the Contact Methods section of this Notice.
European data subjects or their authorized agents who seek to exercise this right are subject to comprehensive verification to minimize any risk to individuals of sharing their person information with an unauthorized individual. The Funded Trader will deny the request if it is unable to verify the requestor or the authorized agent.
The Funded Trader can also deny the request if the Company does not hold any personal data about the individual which falls within the scope of GDPR. This European Privacy Notice applies only to European data subjects and the scope of data covered by applicable European laws.
Right to Rectification.
In accordance with the GDPR requirements, European data subjects may contact the Funded Trader to change, correct, or add to the information we have about them if they think that the data we collected are incorrect or incomplete. Upon proper verification of the European data subject and proper request, The Funded Trader will rectify the errors, if any. If the personal data was made public or shared with third parties, The Funded Trader will make efforts to communicate to the third party the need to rectify the personal data.
Upon completion of rectification, The Funded Trader will contact the European data subject promptly.
Right to Erasure
European data subjects have the right to request erasure of their personal data, and can make the request directly to us in his or her individual capacity or through an authorized agent. They can do so by exercising that right through one of the other options identified in the Contact Methods section of this Notice.
The Funded Trader is not obligated to erase the personal information of the California resident if we are required or permitted to retain it in accordance with one of the exemptions in the GDPR. Individuals who exercise their right to request deletion directly or through an authorized agent will be subject to verification in accordance with the GDPR requirements. Valid reasons for the erasure are:
a. The personal data are no longer necessary in relation to the purposes for which they were collected;
b. The European data subject withdraws consent;
c. The European data subject objects to the processing;
d. The personal data was unlawfully processed;
e. There are existing legal obligations; or
f. The personal data have been collected in relation to the offer of information society services.
When The Funded Trader processes a request for erasure from a verified European data subject, it will delete the data from its systems in a secure and irreversible manner, to prevent the data from being restored. To the extent that The Funded Trader has entrusted any of the personal data of the European data subject to a third party, it will also contact that third party to process the erasure request and will confirm to the European data subject or the agent that it has done so. If the data was made public, The Funded Trader will take reasonably steps to inform other controllers of the data that the data subject has requested the erasure.
Upon completion of erasure, The Funded Trader will contact the European data subject promptly.
Right to Restrict of Processing
European data subjects have the right to restrict the processing of their personal data in order to effectuate other rights or to effectuate the right to restrict processing in and of itself. When the restriction is effectuated, The Funded Trader will not process the personal data objected to with the exception of storage, only to be processed with the data subject’s consent or for the establishment, exercise, or defense of legal claims, or for the protection on the rights of another natural or legal person. This right may be restricted further as the law demands.
A European data subject who has obtained restriction of processing shall will be informed by the Data Protection Officer before the restriction if processing is lifted.
Right to Object to Processing
European data subjects may object, on grounds relating to his or her particular situation, at any time. At which point, The Funded Trader will cease processing of personal data concerning him or her unless we can demonstrate compelling, legitimate grounds for the processing.
Please do note that The Funded Trader may not adhere to objections to processing of data if the processing is necessary for the performance of a task carried out for reasons of public or national interest.
Right to Data Portability
European data subjects can request The Funded Trader to transfer the personal data we have on them to the desired institution or person where technically feasible.
Upon completion of transfer, The Funded Trader will contact the European data subject promptly.
Response and Completion Times
The Funded Trader will acknowledge, respond, and complete the requests to exercise the above Rights within one calendar month of receipt, and provide the information requested by the verified European data subject. If a reasonable delay is necessary, The Funded Trader will contact the European data subject of the delay. The period may be extended up to two additional months if necessary to respond to the requests.
Exceptions to the Rights
GDPR provides instances when The Funded Trader does not have to comply with the request to exercise GDPR rights. Such instances include: national security, defense, public security, the prevention and investigation of crime, protection of judicial independence and judicial proceedings, prevention, investigation, detection, and prosecution of breaches of ethics for regulated professions, enforcement of civil law claims, or other important objectives of general public interest.
The Funded Trader is an e-commerce entity with no physical storefront. We exclusively operate through our website or other online methods, and we have direct relationships with our customers. You can still email or mail us to exercise your rights. When you email your request, please write “My European Privacy Rights” in the subject field and identify as to who you are. We are not responsible for notices that are not properly labeled or sent. When you mail your request, please write “My European Privacy Rights” on the header. If you believe The Funded Trader is in breach of GDPR, you may contact your proper Commission.
In order to contact us to exercise your rights as an individual in Europe, you can mail or message us through the following:
The Funded Trader, LLC
Attn: Data Protection Officer, Carlos Rico-Ospina, Jr
14001 W HWY 29 SUITE 102
Liberty Hill, Texas 78642
This notice is effective as of July 5, 2021.
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, because the trades have not actually been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs, in general, are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown. CFTC Rule 4.41