Cumberland DRW LLC and its affiliated companies, including DRW Holdings, LLC (collectively, “Cumberland”, “we”, “us”, or “our”), are committed to transparency in the collection and use of your personal information.
This notice (the “Privacy Notice”) sets forth a description of how we collect and use personal information, and the circumstances under which we may share this information. This Privacy Notice also describes your data protection rights, including your right to object to some of the processing which Cumberland carries out. More information about your data protection rights and how to exercise them is set out below. This Privacy Notice applies to all visitors to Cumberland’s website, located at https://cumberland.io/ (the “Website”).
California residents, please review the California Privacy Notice for information about certain legal rights.
Collection and Use of Information
Information That You Provide: Cumberland may collect and use the personal information such as your name, address, email address, signature, and other information that you provide in connection with the following:
Visiting our Website;
Apply to onboard with us; and
Contacting us with a comment, question or complaint.
Onboarding Information: To onboard as a counterparty through our Website, you are required to provide us with your full name, email address, gender, residential address, birth date, phone number, country of residence and nationality, employment information and status, national and governmental identification information, and financial and banking details, including any joint account holders and people appointed to act on your behalf. Cumberland uses this information to undertake anti-money laundering and fraud prevention activities and know your customer reviews.
If you do not provide personal information that we tell you is mandatory, it may mean that we are unable to onboard you or provide you with services/perform all our obligations under our agreement with you.
If you give us personal information about other people (such as joint account holders), you confirm that they are aware of the information in this Privacy Notice about how we will use their personal information, including but not limited, use of their personal information to provide services or, if asked, to share such information with third parties (e.g. to provide payment initiation).
Once you have been onboarded as a counterparty, Cumberland will continue to use this information as necessary to effect transactions with you.
We also obtain data about you from other sources, including identity verification services, fraud prevention agencies, websites and other publicly accessible information about you. We will also receive data you submit to us through third-party websites.
Communications: You may request to receive communications about Cumberland and its products and services from us, through our Website or connect with us on third party websites (including through social media sites). If you signup through our Website or request to receive communications from us, we collect certain personal information (such as first and last name and email address) which we use to send you email and other communications to keep you informed about our events and to tell you about products and services that may be of interest to you. You can ask us to stop or start sending you such marketing messages at any time by writing, electronic messaging or calling us.
Contact Information: When you contact us with a comment, question or complaint, you may be asked for information that identifies you (such as your name, phone number and email address) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. If you interact with us through social media or other channels we may store details of these interactions.
Automatically-Collected Information: In general, you can visit our Website without telling us who you are or submitting any personal information. However, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system, average time spent on our Website and how you are using our Website. We use this information to help us understand activity on our Website and to monitor and improve our Website. We may also collect information from your digital devices so as to perform checks required to meet our regulatory obligations; for example we may identify your IP address in order to ascertain and verify your residency status.
Information Collected with Consent: When we are required to do so by law we may obtain consent to collect and use certain types of personal information (for example when we place cookies on your devices or browsers). If we ask for your consent to process this personal information you can withdraw your consent at any time by using the details at the end of this policy.
Purposes & Lawful Basis
|Purpose||Legal basis for data processing|
|Onboarding and trading activities||
|Communication about services for legal, regulatory and servicing purposes||
|Managing complaints, undertaking remediation activities and resolving queries||
|Monitoring communications to check your instructions to us, analyse and improve our services and for training and quality purposes||
|Undertaking checks for security, fraud prevention, anti-money laundering and verifying identity (both before providing services and when communicating to ensure we are dealing with the correct person)||
|Recovering debt and enforcing other obligations as our agreement entitles us, as well as to protect our rights and property interests||
|(If you ask us to) Providing payment initiation services for accounts you hold with other providers||
|Complying with regulatory and legal obligations and cooperating with regulators and law enforcement||
|Preparing high-level anonymized statistical reports. The information in these reports is never personal and you will not be identifiable from it. We may share these reports with third parties or we may use them for our own analytical purposes||
|Website related activities (e.g. dealing with enquiries, running analytics)||
|Processing sensitive data to comply with regulatory and legal obligations and cooperate with regulators and law enforcement||
Note: We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out later in this Privacy Notice.
Disclosure and Transfer of Information
We do not transfer, sell, rent, trade or otherwise disclose your personal information, except as described in this Privacy Notice. We may transfer or disclose your personal information as follows:
Service Providers: Your personal information may be disclosed, stored and / or transferred (or otherwise made available) to our affiliates, including DRW UK Partners LLP, DRW Investments (UK) Limited, DRW Singapore Pte. Ltd., Cumberland Global Limited and Cumberland Japan KK, and other third parties who provide services such as identification and background checks, cloud-based information hosting and maintenance, website hosting, record keeping, and analytics, and to exchanges, trading platforms and financial institutions
Legal and Compliance: We and our service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable European, Canadian, Singapore, United States, or other law or legal process. Your personal information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
Sale of Business: Your personal information may be provided to third parties in connection with a business transaction, including a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Cumberland or as part of a corporate reorganization, or stock or asset sale, or other change in corporate control, including for the purpose of determining whether to proceed or continue with such transaction or business relationship.
Safeguarding and Retention of Personal Information
We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We have employed reasonable measures designed to restrict access to your personal information on a need-to-know basis to employees and authorized service providers who require access to fulfill their job requirements.
We have personal information retention processes designed to retain personal information for specified periods of time necessary for legal and business purposes.
Where we process data for onboarding and trading purposes, we keep your personal information for the following time periods:
If you are onboarded as a counterparty with Cumberland: for as long as you are a counterparty and for six (6) years thereafter.
If you are not onboarded as a counterparty with Cumberland: for no more than five (5) years unless you requested to receive future communications from Cumberland.
Where we process contact information and analytics data provided by using and visiting our Website, we do this for as long as you are an active visitor of our Website and for three (3) years after this or as we are required by law.
Where we process personal information for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.
Your Rights Relating to Personal Information
You have the right to access (ask for a copy of your personal information), update, correct or delete your personal information in our custody and control, and restrict (stop any active) processing of your personal information, subject to certain exceptions prescribed by law. You may request access, updating, deletions and corrections of inaccuracies in other personal information we have in our custody or control by emailing or writing to us at the contact information set out below. You may also obtain the personal information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller. We may request certain personal information for the purposes of verifying your identity when seeking access to personal information records.
In addition, you can object to the processing of your personal information in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).
These rights may be limited, for example if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time.
If you have unresolved concerns, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.
Your California Privacy Rights
California residents, please review the California Privacy Notice for information about certain legal rights.
Your Nevada Privacy Rights
Nevada residents have the right to request that their personal information not be sold (as defined under applicable Nevada law), even if their personal information is not currently being sold. Requests may be sent to [email protected] and are free of charge.
Cookies and Additional Information about our Website
Session Management: On the pages on our Website where you are prompted to log in or that are customizable. If you have registered with our Website, these cookies (1) may let us know who you are, (2) may be necessary to access your account information (stored on our computers) in order to provide personalized services, and (3) will provide us and our service providers with information that we will use to personalize our Website in accordance with your preferences and interests.
You can manage your cookie preference by using our cookie consent management solution accessible below. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the features of our Website.
To opt-out of using non-essential cookies on this Website, please click here.
Tracer Tags & Web Beacons: Our Website may also use a technology called “tracer tags” or “Web Beacons”. This technology allows us to understand which pages you visit on our Website. These tracer tags are used to help us optimize and tailor our Website.
Do Not Track Signals: We use analytics systems and providers that process personal information about your online activities over time on our Website, but not across third party websites or services. These systems and providers may provide some of this information to us. Our Website also recognizes “do not track” signals or similar mechanisms of most web browsers, and we will comply with such requests as required by law.
Third Party Websites
We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture and gender) to deliver the content or as part of the operation of the Website, plug-in or application
Use by Minors Prohibited
The Website is not designed or intended for use by children under the age of 18, and we do not knowingly collect information from children. If you are under the age of 18, do not use the Website.
Updates to the Privacy Notice
We may update this Privacy Notice from time to time to reflect changes to our privacy practices. We encourage you to periodically review this page for the latest information on our privacy practices, and any use of our Website after any updates constitute your acknowledgement that you have read the updated Privacy Notice.
Please contact us if:
- you have any questions or comments about this Privacy Notice;
- you wish to access, update, and/or correct inaccuracies in your personal information; or
- you otherwise have a question or complaint about the manner in which we or our service providers treat your personal information.
You may contact us by email at [email protected] or by mail at the following address:
540 West Madison Street
Chicago, IL 60661
Last updated: January 1, 2020