SIMON Privacy Policy

Last Updated: October 23, 2019
Your Privacy Is Important to SIMON

SIMON obtains and uses personal information about individuals to enhance our ability to deliver the highest level of service, but we also recognize that you expect us to treat this information appropriately. This policy describes the types of personal information we may collect, the purposes for which we use the information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy.

As used throughout this policy, the term “SIMON” refers to SIMON Group LLC and its subsidiaries, including but not limited to SIMON Markets LLC, SIMON Annuities and Insurance Services LLC, and SIMON Technologies LLC, which we refer to collectively as “SIMON,” and which is currently an affiliate of The Goldman Sachs Group, Inc. and its affiliates worldwide.

The Sources of Information

The personal information we collect about you comes primarily from information you provide to us through our course of dealings and from account forms and materials submitted to SIMON. We may also conduct background research about particular individuals using search engines, social media, and other public sources.

Information may also be collected about you indirectly from monitoring or other means (e.g., recording of telephone calls and monitoring e-mails with SIMON). In these circumstances, the information is not accessed on a continuous or routine basis, but it may be used only for legal, compliance or security purposes.

The Information We Have about You

If you are an employee/officer/director/principal, etc. of one of our corporate or institutional clients or a business professional with whom we stay in contact, the typical information we collect about you personally would include:

  • Your name and contact details;
  • Your role/position/title and area of responsibility;
  • Your activity on the SIMON platform, both in terms of transactions (such as orders, completed orders, indications of interest, quotes, positions, trades, and financing activity) and in terms of otherwise interacting with the platform (web-based interface or API usage, behavioral patterns such as your consumption of content or interactions with product providers, sales of the products available through the SIMON Platform, the results of testing using the SIMON training module, and other data and analytics);
  • Your stated and inferred interests;
  • When appropriate, certain identifying information required by SIMON service providers to assist SIMON in providing services to you; and
  • When appropriate, certain identifying information as required by laws and regulations addressing money laundering and related matters.
Our Use of Your Personal Information

We may use your personal information for multiple internal and external purposes, including but not limited to:

  • Administer, operate, facilitate and manage your relationship and/or account with SIMON. This may include sharing such information internally, as well as disclosing it to our affiliates or other third parties as described below;
  • Manage the SIMON marketplace by providing participants with relevant information;
  • Develop internal and external analyses such as market reports, analytical tools, or risk management assessments;
  • Contact you or, if applicable, your designated representative(s) by post, telephone, electronic mail, facsimile, etc., in connection with your relationship and/or account;
  • Provide you with information concerning products and services offered by SIMON; and
  • Facilitate our internal business operations, including assessing and managing risk and fulfilling our legal and regulatory requirements.

If your relationship with SIMON ends, SIMON will continue to treat your personal information, to the extent we retain it, as described in this policy.

For United States residents, we undertake marketing only in compliance with the CAN-SPAM Act, the Telephone Consumer Protection Act, and other applicable law. For European Union residents, we undertake marketing only with your expressive affirmative consent and in compliance with applicable data privacy laws. EU residents will not be added to any marketing lists unless they have already provided express affirmative consent consistent with applicable data protection laws.

Disclosures of Your Personal Information within SIMON

In order to provide efficient and reliable services and to improve product and service options available to you, more than one entity within SIMON may be given, or given access to, your personal information. When so sharing your personal information, we adhere to applicable legal and industry standards regarding the protection of personal information.

Disclosures of Your Personal Information to Third Parties

SIMON does not disclose your personal information to third parties, except to companies that assist SIMON in providing services to you, other members of the SIMON Group LLC and its affiliates or its clients, and other participants on the SIMON platform as described in this policy.

SIMON may disclose personal information about your activities to participants on the SIMON platform with whom you have or seek to have a business relationship, including, without limitation, for purposes of entering into transactions with you. For instance, SIMON may share information with issuers and insurance carriers about the activities of users related to, among other things, indications of interest and orders with respect to their products. SIMON may also provide information about the actions and activities of individual users to their employers. SIMON may elect to share some or all Platform Data with all or a subset of clients based on the clients’ overall relationship with SIMON, including, but not limited to, the extent of business that the client conducts with SIMON. The nature of any data provided to you may differ from that provided to other clients in terms of quantity, scope, methodology or otherwise and may be changed from time to time without notice to you.

Third party disclosures may include sharing such information with non-affiliated companies that perform support services for SIMON, including those that provide professional, legal or accounting advice to SIMON. Similarly, SIMON may share your personal information with third parties that offer services, such as Firelight, to you on SIMON’s platform. Non-affiliated companies that assist SIMON in providing services to you are required to maintain the confidentiality of such information to the extent they receive it and to use your personal information only in the course of providing such services to SIMON or to you.

We may also disclose your personal information to fulfill your instructions, to investigate, establish, and protect our legal rights and interests and those of our business partners or pursuant to your express consent. Finally, under limited circumstances, your personal information may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations; for instance, when responding to a subpoena or similar legal process, to protect against fraud and to otherwise cooperate with law enforcement or regulatory authorities or with organizations such as exchanges and clearinghouses.

We may transfer or share a copy of personal information about you in the event that SIMON or one of its assets, affiliates, or subsidiaries goes through a business transition, such as a merger, being acquired by another company, being reorganized or liquidated, or by selling a portion of its assets. You will be notified via email or prominent notice on our website prior to a change of ownership or control of your personal information or if your personal information will be used contrary to this policy. Nothing in this Privacy Policy is intended to interfere with the ability of SIMON to transfer all or part of its business and/or assets to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. SIMON specifically reserves the right to transfer or share a copy of personally identifiable information collected from its websites to the buyer of that portion of its business relating to that information during any diligence process.

Data Quality, Storage, and Access

While we make every effort to ensure that all information we hold about you is accurate, complete and up to date, you can help us considerably in this regard by promptly notifying us if there are any changes to your personal information.

We store personal data for different periods of time consistent with the purposes for which they were originally collected, as subsequently further authorized, or when required or allowed under applicable law.

California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the street address below. Please allow 30 days for a response.

EU Data Protection Rights

Individuals in Europe have certain data subject rights which may be subject to limitations and/or restrictions. These rights may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) obtain restriction of processing or to object to processing of their personal data; and (iii) the right to data portability. Individuals in Europe may also have the right to lodge a complaint about the processing of their personal data with their local data protection authority. The leader of our data protection program can be reached by email or physical mail at the address below.

If you are entitled to access any personal data about you held by SIMON or to exercise other EU rights, you may do so by sending a written request to the applicable individual identified below. You may be required to supply a valid means of identification as a security precaution to assist us in preventing the unauthorized disclosure of your personal information. We will process your request within the time provided by applicable law.

Individuals in Andorra, Argentina, Australia, Canada, Faroe Islands, Guernsey, Hong Kong, Israel, Isle of Man, Japan, Jersey, Mexico, New Zealand, Singapore, South Korea, Switzerland, Uruguay, and certain other jurisdictions may also exercise these or similar rights.

Dispute Resolution

If you believe that SIMON may be processing data about you and wish to have access to that information, we can provide you with that data or at least an explanation of why we cannot do so in the particular context, such as if responding to the request would be unreasonably expensive.

Please also let us know if you have any questions, concerns, disputes, or issues. We are always open to dialogue to resolve issues. If your concerns cannot be resolved, we can enter into appropriate third-party neutral dispute resolution. If you need to reach us about a privacy or data protection issue, please contact us using the contact information below.

Information Security: How We Protect Your Privacy

SIMON is committed to protecting the privacy and confidentiality of your personal information. We have organizational measures reasonably designed to limit access to your personal information to authorized SIMON employees or agents and, as described above in Disclosures of Your Personal Information to Third Parties, our service providers are held to stringent standards of privacy. We also maintain physical, electronic and procedural safeguards reasonably designed to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. Security of information accessible to the Internet, however, can never be guaranteed.

SIMON requires you to maintain the security and confidentiality of any user identification name and password provided by SIMON to you.

Cookies and Automatic Collection of Data

“Cookies” are small text files that may be placed on your Web browser when you visit our Web sites or when you view advertisements we have placed on other Web sites. You can, of course, disable cookies and web beacons on your computer by indicating this in the preferences or options menus in your browser. If you opt not to accept cookies, you may not be able to benefit from the full features of our site. Some of the cookies we use are automatically deleted from your hard drive after the end of the browser session (session cookies). We also use cookies that remain on your hard drive for a certain period of time (between one day and five years, depending on the cookie) after the browser session. When you revisit our site, it may automatically recall the country and language you selected at your last visit to our website. These “persistent cookies” are stored on your hard drive and will be deleted by the browser after the given time.

You may stop the use of the retargeting and/or remarketing feature by accessing the third party providers’ cookie opt-out pages via the following links:

We may also use web beacons, and other technologies, to help track whether our communications are reaching you, to measure their effectiveness, or to collect certain non-personal information about your computer, device, or browser in order to allow us to better design future communications to you. “Clickstream” data (e.g., information regarding which of our Web pages you access, the frequency of such access, and your product and service preferences) may be collected by SIMON itself, or by our service providers, using cookies, Web beacons, page tags, or similar tools that are set when you visit our Web site or when you view an advertisement we have placed on another Web site. Clickstream data and similar information may be shared internally within SIMON and used: for administrative purposes; to assess the usage, value and performance of our online products and services; to provide you with information concerning products and services offered by SIMON; to improve your experience with our Web sites; and as otherwise permitted by applicable law or regulation. If you are a SIMON client, this information helps us suggest products or service offerings that may be of interest to you. This information may be processed by us for the purposes described above, or on our behalf by third parties, solely in accordance with our instructions.

When you visit this site, your browser may be momentarily directed to the Web site of an ad server or other third party service provider. This re-direction process will not be apparent to you. These third party Web sites automatically receive your IP address when this happens, and they may also collect information from your interaction with our Web sites including computer and connection information, standard Web log information, and ad information. Such information does not identify you individually.

SIMON may make available on this Web site third party applications that involve content linking or sharing of facilities. Information collected by providers of such applications is governed by their privacy policies.

Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time we do not modify your online experience based upon whether such a signal is broadcast.

Children’s Privacy

We do not collect or maintain information from those we actually know are under 16, and no part of our website is targeted to attract anyone under 16.

Contact Information

Attn: Legal Department
125 W. 25th Street
New York, New York 10001
(877) 31-SIMON

Other Privacy Policies or Statements; Changes to Policy

This policy provides a general statement of the ways in which SIMON protects your personal information. You may, however, in connection with specific products or services offered by SIMON, be provided with privacy policies or statements that supplement this policy. This policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information. The revised policy will be effective immediately upon posting to our Web site.

This version of the Policy is effective October 23, 2019.