| Effective Date: 11/08/2002
EXCHANGE PRIVACY POLICY
The New York Mercantile Exchange, Inc. (the "Exchange" or "we")
supports a policy of openness regarding the collection and use of our
customers' personal information. We have adopted and implemented this
privacy policy ("Policy") as part of our commitment to protecting
your personal information from misuse. We encourage you to read this Policy
to learn more about the ways we collect, use, disclose, and protect the
information we gather from this web site (the "Site"). If you
are not comfortable with any of the practices or policies described in
this Policy, we ask that you discontinue use of our Site. Please be aware
that we may periodically update or revise this Policy without notice.
Accordingly, please check this Policy frequently for changes.
Please note that information gathered in connection with any services
provided via the Site may be governed by separate terms and conditions
including, but not limited to, Schedule (B) ("NYMEX ClearPort® Clearing
Services") of the Exchange User License Agreement and the Exchange Rules
(collectively referred to herein as "Other Terms"). In the event that
you receive such services, you agree that those Other Terms shall supercede
any conflicting terms contained in this Policy.
COLLECTION OF INFORMATION
In order to better serve your particular needs, the Exchange (and third
parties working on the Exchange's behalf) may collect information from
you while visiting our Site. Some of this information is collected automatically
through various methods including, but not limited to cookies. The Exchange
may also obtain information directly from you and, depending upon the
nature of transactions you may conduct, from third party sources.
We also collect anonymous information, which does not personally identify
you, when you visit our Site. The anonymous information includes the pages
you view on our Site, the search terms you enter into our search utility,
your IP address and the operating system, browser software and Internet
service provider you use.
We may use the standard "cookie" feature of major browser applications
and other data capture mechanisms that allow us to store data about your
visit. Cookies help us learn which areas of our site are useful and which
areas need improvement. You may configure your browser to prevent cookies
from being set on your computer. If you do so, you may still view most
of the Site, although you may not be able to enjoy all of our services.
Personally Identifiable Information
In addition to the information automatically collected when you visit
our Site, the Exchange collects personally identifiable information directly
from you and, in some circumstances, from those individuals and/or entities
you may authorize to act on your behalf. In addition, we may collect other
required information in order to provide you with services tailored to
your particular needs. The information we collect will vary depending
upon the information, service, function or process you select. For example,
you may be required to provide your name, address, birth date, phone number,
credit card data, the last four digits of your social security number
and your e-mail address in order to register for certain services. By
learning a little about you, the Exchange delivers more relevant content
and product offerings and thus offers you better services.
The Exchange may also collect personally identifiable information by
monitoring the Site for the Exchange's own purposes (including, without
limitation, for purposes of maintaining the functional and operational
integrity of the Site and for purposes of complying with applicable laws
and regulations), and not for your benefit. The Exchange reserves the
right to cooperate fully with state, local, federal, and international
legal, governmental and regulatory entities, authorities and officials
in any investigation or governmental, legal or regulatory proceeding relating
to any information collected and/or Site content (including personal or
private electronic communication transmitted via the Site) or to any purported
unlawful activities of any Site visitor.
Site Users
With the exception of the educational resources contained on the Site,
the Site is not intended for children under eighteen (18) years of age.
The Exchange does not market any products or services to children under
eighteen (18) years of age or knowingly collect any information from children
under eighteen (18) years of age.
Postings/Instant Messaging
Postings by visitors on any message board or in any chat room (other
than instant messaging conversations facilitated by the Exchange) will
not be protected as confidential. The Exchange may use any such postings
on the Site, any content thereof, and any information derived from any
such postings (including any ideas, concepts, know-how or other intellectual
property) ("Postings") and may provide such Postings to any
of its parent companies, subsidiaries, affiliates, or others, for any
purpose whatsoever, as deemed appropriate in the sole discretion of the
Exchange.
The Exchange is under no obligation to review any Postings and assumes
no responsibility or liability relating to any Postings. Nonetheless,
the Exchange may from time to time monitor the Postings on the Site and
may remove and/or decline to accept (i) any Postings that contain any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, profane, hateful, racially, ethnically or otherwise objectionable
material of any kind, including, but not limited to, any material which
encourages conduct that would constitute a criminal offense, gives rise
to civil liability or otherwise violates any applicable local, state,
national or international law; (ii) advertisements or solicitations of
any kind; (iii) messages posted by visitors impersonating others; (iv)
personal information, such as messages which state phone numbers, social
security numbers, account numbers, addresses, or employer references;
(v) messages by non-spokesperson employees of the Exchange purporting
to speak on behalf of the Exchange; (vi) messages that offer unauthorized
downloads of any copyrighted or private information; (vii) multiple messages
placed within individual folders by the same visitor restating the same
point; and (viii) chain letters of any kind.
USE OF INFORMATION BY THE EXCHANGE
We use the anonymous information we collect from our Site to administer
our Site, improve our services, determine how our Site is being used,
identify popular areas of our Site and analyze trends and usage patterns.
We may use your IP address to help diagnose problems with our server.
The information you submit to us either via our Site (e.g. by completing
our on-line forms) or via e-mail may be used to provide you with the response
or services you have requested. It may also be used, together with the
information we collect via various methods such as cookies, to identify
you as a particular user. Additionally, your information may be used in
aggregate, statistical form to track and measure Site usage including,
but not limited to, customer/user preferences, interests, demographics,
and traffic patterns; and to determine trading volumes, audience size
and repeated usage. We may then use such data, together with information
collected from other users, to manage and customize our Site's content,
layout, and services in order to improve our Site, enhance customer service,
and provide tailored messages. Furthermore, we may use the information
we collect from you to contact you about our products and services. Please
see the section below entitled "CONTACT US" for instructions
relating to opting out of such use.
THIRD PARTY ACCESS TO INFORMATION
In order to better serve your particular needs, the Exchange and certain
companies and individuals working on the Exchange's behalf will have access
to all or a portion of the various types of Site visitor information we
may collect. When we share access to personal information with companies
or individuals working on the Exchange's behalf, we generally endeavor
to protect such personal information by requiring those parties to enter
into an agreement with the Exchange to safeguard the confidentiality of
personal information. We may also disclose information about the use of
our Site in aggregate, statistical form.
As permitted by law, the information we collect, including personally
identifiable information, may also be disclosed to third parties if the
Exchange, in its sole discretion, believes disclosure is necessary to
comply with legal or regulatory processes or requests or to protect the
rights, property, or personal safety of the Exchange, its affiliates,
and/or the respective customers, members, directors, officers, employees,
agents, and representatives of the Exchange and its affiliates; other
Site users; and/or the public.
We may also give information about you, such as your name and address,
to persons or organizations that may wish to provide you with information
about their products or services. These organizations may include affiliates
of the Exchange. Please see the section below entitled "CONTACT US"
for instructions relating to opting out of such use.
YOUR ACCESS TO INFORMATION
You may request from us certain information about you including, but
not limited to, any information you have provided to us upon registration
for various services. Requests should be sent to exchangeinfo@nymex.com.
SECURITY
We use a secure server and security protocol to safeguard information
we collect from you. To help ensure the security of your personal and
financial information that you submit to us via our Site (other than via
an e-mail message), we use security software to encrypt the information
before and during its transmission through the Internet. We allow information
to be submitted for transmission only if your browser is compatible with
our security software. If your browser is not compatible, you will receive
a message indicating your transaction cannot be completed because of the
security risk.
E-mail messages are not secure. Our security software does not encrypt
e-mail messages. Please keep in mind that transmitting information via
the Internet is never completely secure and that, therefore, any information
submitted may be intercepted, viewed, collected, used, altered, copied
or disclosed by others. We are not responsible for the security or confidentiality
of communications you send to us (or that we send to you) through the
Internet using e-mail messages. As such, users must immediately change
any initial passwords provided by the Exchange pursuant to any services
provided via the Site.
We take seriously the issue of safeguarding your privacy online. However,
please note that you should exercise discretion with respect to the submission
of any personal or financial information. We encourage customers either
to send confidential correspondence through the postal service or to telephone
our employees directly.
LINKS TO OTHER WEB SITES
This Site contains links to Web sites of third parties. Please note that
when you click on one of these links, you will be accessing a Web site
the Exchange does not control and which may be governed by privacy policies
and practices that differ from ours. The Exchange is not, and will not
be, responsible for the privacy policies or practices of third parties
or the content or security of any third party Web sites.
CONSENT
Any information you submit to us via our online forms or via e-mail is
provided on a voluntary basis. When you access our Site, the collection,
use, and distribution of your information will be handled according to
the terms and policies outlined in this Privacy Policy, unless superceded
by the appropriate Other Terms (as discussed above). By using this Site,
you consent to collection and use of your information as described in
this Policy, including personally identifiable information the Exchange
may collect. If you object to any of the policies outlined in this Policy,
we ask that you do not submit information to the Exchange or access our
Site.
We may update or modify this Policy at any time. Any such updates or
modifications will be effective upon posting on this Site, and your continued
use of the Site will constitute your consent to any updated or modified
Privacy Policy.
CONTACT US
If you have any questions or comments regarding this Privacy Policy,
or wish to communicate to the Exchange your desire to opt out of receiving
communications from the Exchange or others as described in this Policy,
please contact us via email at exchangeinfo@nymex.com or write to us at
New York Mercantile Exchange, Inc., Corporate Communications Dept., One
North End Avenue, World Financial Center, New York, New York 10282.
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