California Notice

How Your Information May be Shared

We ensure that the information we collect about you is protected and is accessed only by authorized individuals or organizations in restricted instances including, but not limited to, the following:

• Providing information to those employees who need to know that information in order to provide products or services to clients. Our employees are trained to protect privacy and are required to safeguard personal information. We maintain physical, electronic and procedural safeguards that comply with federal regulations to protect personal data.
• Using another company to provide services for us, such as printing and mailing your account statements. However, companies we use for support services are not permitted to use information about our clients for their own purposes and are obligated contractually to maintain confidentiality. We limit their use of information to the specific services or tasks we have requested.
• In compliance with federal or state law. We may be required to disclose personal information to cooperate with regulatory or law enforcement authorities, to resolve consumer disputes, to perform credit/authentication checks or for risk control.

Protecting Your Information

Helping to safeguard you from identity theft is a priority at JTC Americas. We help protect your personal information by:

• Utilizing client identification and authentication procedures before initiating transactions.
• Creating a secure transmission connection to our JTC Americas website. You will see the padlock in the lower right corner of your browser’s frame indicating it is a secure site.
• Ensuring that our employees are trained to safeguard your personal information.

Accuracy Equals Better Protection
We are committed to keeping accurate, up-to-date records to help ensure the integrity of the information we maintain. If you identify an inaccuracy in this information, or you need to make a change to it, please contact us by calling 1-800-339-1031.

Privacy Policy
Last updated: September 28, 2021

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you our website and tells you about your privacy rights and how the law protects you.

We use your personal data to provide and improve the website interface. By accessing our website, you agree to the collection and use of information in accordance with this Privacy Policy

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

You means the individual accessing our website, or the company, or other legal entity on behalf of which such individual is accessing our website, as applicable.

You may be referred to as a Data Subject or as a User as you are the individual accessing the website.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to JTC USA Holdings, Inc., 50 W San Fernando St., Ste. 300, San Jose, CA 95113.

Under this Policy, the Company is a Data Controller.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for you to access our website.
• Website refers to  JTC Americas, accessible from https://jtcamericas.com/ or https://jtcamericas.com/
• Country refers to: United States

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to operate or support the website, to host the website on behalf of the Company, to perform services related to the website or to assist the Company in analyzing how the website is used.

Under this Policy, Service Providers are considered Data Processors.

• Third-party Social Media Service refers to any website or any social network website through which a user can log in or create an account to use the website.
• Facebook Fan Page is a public profile named JTC Americas, formerly NES Financial, specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/NESFinancial/

Personal Data under this Policy is any information that relates to an identified or identifiable individual. It means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. It also means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.

• Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
• Device means any device that can access the website such as a computer, a cellphone or a digital tablet.
• Usage Data refers to data collected automatically, either generated by the use of the website or from the website infrastructure itself (for example, the duration of a page visit).
• Data Controller, for the purposes of this Policy, refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of personal data.
• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
• Consumer under this Policy means a natural person who is a resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
• Sale, under this Policy means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using our website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data

Usage Data

Usage Data is collected automatically when accessing the website.

Usage Data may include information such as your device’s internet protocol address (e.g. IP address), browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the website by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our website or when you access the website by or through a mobile device.

Tracking Technologies and Cookies

We may use cookies and similar tracking technologies to track the activity on our website and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our website.

You can configure your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our website.

Cookies can be “Persistent” or “Session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while Session cookies are deleted as soon as you close your web browser. Learn more about cookies in the “What Are Cookies” article.

We use both session and persistent cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These cookies are essential to provide you with services available through the website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These cookies identify if users have accepted the use of cookies on the website.

Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These cookies allow us to remember choices you make when you use the website, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the website.

Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These cookies are used to track information about traffic to the website and how users use the website. The information gathered via these cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the website. We may also use these cookies to test new advertisements, pages, features or new functionality of the website to see how our users react to them.

Targeting and Advertising Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our website, including to monitor the usage of our website.
• To manage Your Account: to manage your registration as a user of the website. The personal data you provide can give you access to different functionalities of the website that are available to you as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the website.
• To contact You: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You: To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
• To manage Your Requests: To attend and manage your requests to us.

We may share your personal information in the following situations:

• With Service Providers: We may share your personal information with service providers to monitor and analyze the use of our website, to show advertisements to you to help support and maintain our website, to contact you.
• For Business Transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
• With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• With Business Partners: We may share your information with our business partners to offer you certain products, services or promotions.
• With Other Users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.

Retention of Your Personal Data

The Company will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our website, or we are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including personal data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, your personal data may be transferred. We will provide notice before your personal data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose your personal data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the website
• Protect the personal safety of users of the website or the public
• Protect against legal liability

Security of Your Personal Data

The security of your personal data is important to us, but remember that no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service providers have access to your personal data only to perform their tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party service providers to monitor and analyze the use of our website.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our website. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You can opt-out of having made your activity on the website available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Advertising

We may use service providers to show advertisements to you to help support and maintain our website.

Google AdSense DoubleClick Cookie

Google, as a third party vendor, uses cookies to serve ads on our website. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our website or other websites on the internet.

You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/

Email Marketing

We may use your personal data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.

You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

We may use Email Marketing Service Providers to manage and send emails to you.

Legal Basis for Processing Personal Data

We may process Personal Data under the following conditions:

• Consent: You have given your consent for processing personal data for one or more specific purposes.
• Performance of a contract: Provision of personal data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing personal data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing personal data is necessary in order to protect your vital interests or of another natural person.
• Public interests: Processing personal data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing personal data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Company commitments

The Company undertakes to respect the confidentiality of your personal data and to guarantee you can exercise your rights.

You have the right under this Privacy Policy to:

• Request access to Your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the personal data we hold about you.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information we hold about you corrected.
• Object to processing of Your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your personal data on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask us to delete or remove personal data when there is no good reason for us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to you, or to a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw Your consent. You have the right to withdraw your consent on using your personal data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the website.

Exercising Your Privacy Policy Rights

You may exercise your rights of access, rectification, cancellation and opposition under this Policy by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.

Facebook Fan Page

Data Controller for the Facebook Fan Page

The Company is the Data Controller of your personal data collected while using the website. As operator of the Facebook Fan Page (https://www.facebook.com/NESFinancial /), the Company and the operator of the social network Facebook are Joint Controllers.

The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php

Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages personal data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.

Facebook Insights

We use the Facebook Insights function in connection with the operation of the Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about our users.

For this purpose, Facebook places a cookie on the device of the user visiting our Facebook Fan Page. Each cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.

Facebook receives, records and processes the information stored in the cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.

For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy here: https://www.facebook.com/full_data_use_policy

Links to Other Websites

Our website may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, you can contact us:

• By email: info@nesf.com
• By visiting this page on our website: https://jtcamericas.com/about/contact/
• By phone number: 1-800-339-1031
• By mail: 50 W San Fernando St., Ste. 300, San Jose, CA 95113