Privacy Policy

Effective Date: April 17, 2025

1. Introduction

Welcome to Broadway Capital Trading LLC ("we," "us," or "our"). We operate the website www.bwaycapitaltrading.com (the "Site"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our Site, in compliance with applicable data protection laws.

We are committed to protecting your privacy and handling your data in an open and transparent manner. Depending on your location and interaction with us, applicable laws may include the EU General Data Protection Regulation (Regulation (EU) 2016/679 or "GDPR"), the UK General Data Protection Regulation ("UK GDPR"), U.S. state privacy laws like the California Consumer Privacy Act ("CCPA") as amended by the California Privacy Rights Act ("CPRA"), the Virginia Consumer Data Protection Act ("VCDPA"), the Colorado Privacy Act ("CPA"), and others, as well as U.S. federal laws like the Children's Online Privacy Protection Act ("COPPA") and the CAN-SPAM Act.

Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site. We reserve the right to make changes to this Privacy Policy at any time and will alert you by updating the "Effective Date."

2. Collection of Your Information

We may collect information about you in a variety of ways, as described below:

• Personal Data: Information that identifies you as an individual or relates to an identifiable individual. This may include name, email address, phone number, etc., that you voluntarily provide. Under GDPR, this is termed "personal data"; under CCPA/CPRA, "personal information."
• Derivative Data: Information automatically collected, such as IP address, browser type, operating system, access times, pages viewed. This may constitute personal data/information under certain laws.
• Data From Cookies and Similar Technologies: We use cookies and similar technologies as detailed in Section 5. The use of non-essential cookies often requires consent under laws like the EU ePrivacy Directive and GDPR.

3. Use of Your Information (Legal Basis under GDPR)

We use your information for legitimate business purposes. Where GDPR or UK GDPR applies, we rely on the following legal bases for processing personal data:

• Consent: Where you have given clear consent (GDPR Art. 6(1)(a)).
• Contract: Where processing is necessary for a contract with you (GDPR Art. 6(1)(b)).
• Legal Obligation: Where processing is necessary to comply with the law (GDPR Art. 6(1)(c)).
• Legitimate Interests: Where processing is necessary for our legitimate interests, provided your rights do not override these interests (GDPR Art. 6(1)(f)).

Specific uses include:

• Operating the Site.
• Responding to inquiries (often based on contract or legitimate interest).
• Sending communications (marketing based on consent or legitimate interest, with opt-out rights per CAN-SPAM Act and GDPR).
• Monitoring usage and improving the Site (legitimate interest).
• Security and fraud prevention (legitimate interest, legal obligation).
• Legal compliance.

4. Disclosure of Your Information

We may share information as follows:

• By Law or to Protect Rights: If required by law, subpoena, or other legal process (potentially involving laws like the Stored Communications Act, 18 U.S.C. § 2701 et seq.), or to protect rights, property, and safety. This is often based on legal obligation or legitimate interest.
• Third-Party Service Providers: With vendors performing services on our behalf (e.g., hosting, analytics). Under GDPR, these are "processors" and contracts (Data Processing Agreements, per GDPR Art. 28) are required.
• Business Transfers: In connection with mergers, acquisitions, etc. (legitimate interest).
• With Your Consent: As otherwise consented to by you.

We do not "sell" personal information as traditionally understood. However, under the CCPA/CPRA definition, some sharing with third parties for analytics or advertising might be considered a "sale" or "sharing." Please see Section 8 regarding your right to opt-out.

5. Cookies and Tracking Technologies

We may use cookies and similar technologies. In compliance with the EU ePrivacy Directive and GDPR consent requirements (where applicable), we may request your consent before placing non-essential cookies. You can typically manage cookie preferences through your browser settings. Blocking essential cookies may affect Site functionality.

6. Data Security

We use reasonable administrative, technical, and physical security measures appropriate to the risk, aiming to protect your personal information, as required by laws like GDPR (Art. 32) and generally expected under FTC guidelines and state laws. However, no system is impenetrable.

7. Data Retention

We retain personal information for as long as necessary for the purposes outlined in this policy, unless a longer period is required by law (e.g., tax, legal requirements) or permitted (e.g., for establishing or defending legal claims), consistent with principles like GDPR's storage limitation (Art. 5(1)(e)).

8. Your Rights and Choices

Depending on your location and applicable law (e.g., GDPR/UK GDPR for EEA/UK residents, CCPA/CPRA for California residents, VCDPA for Virginia residents, etc.), you may have rights including:

• Right to Know/Access: Request information about the collection, use, and disclosure of your personal information (e.g., GDPR Art. 15, CCPA/CPRA).
• Right to Correct/Rectify: Request correction of inaccurate data (e.g., GDPR Art. 16, CPRA).
• Right to Delete/Erasure: Request deletion of your personal information, subject to exceptions (e.g., GDPR Art. 17, CCPA/CPRA).
• Right to Opt-Out of Sale/Sharing: Direct us not to "sell" or "share" your personal information (as defined under CCPA/CPRA) for cross-context behavioral advertising. [Include a "Do Not Sell or Share My Personal Information" link if applicable under CCPA/CPRA].
• Right to Limit Use of Sensitive Personal Information: (Under CPRA) Request limits on the use of sensitive data, if collected.
• Right to Object/Restrict Processing: Object to or request restriction of processing under certain conditions (e.g., GDPR Art. 18, 21).
• Right to Data Portability: Receive your data in a portable format (e.g., GDPR Art. 20, CCPA/CPRA).
• Right to Withdraw Consent: Withdraw consent at any time where consent is the legal basis (GDPR Art. 7(3)).
• Right to Non-Discrimination: Not be discriminated against for exercising your privacy rights (CCPA/CPRA).
• Marketing Opt-Out: Opt-out of marketing emails (per CAN-SPAM Act, GDPR, etc.) via unsubscribe links or contacting us.

To exercise applicable rights, please contact us using the details below. We may need to verify your identity (as required or permitted by law, e.g., CCPA/CPRA regulations) before processing your request.

9. Children's Privacy

This Site is not directed to children under 13 (or 16 in some EEA countries). We do not knowingly collect personal information from children under these ages without parental consent, in compliance with laws like the U.S. Children's Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501–6506) and GDPR. If you believe we have inadvertently collected such information, please contact us to delete it.

10. International Data Transfers

We operate primarily in the United States. If you are accessing the Site from other jurisdictions (e.g., the EEA or UK), your information will be transferred to, stored, and processed in the United States. Where required by laws like GDPR for transfers outside the EEA/UK, we rely on appropriate safeguards, such as Standard Contractual Clauses approved by the European Commission or UK authorities, or other legally permitted mechanisms.

11. Links to Other Websites

Our Site may contain links to third-party websites. We are not responsible for their privacy practices. Please review their privacy policies.

12. Contact Us

For questions about this Privacy Policy or to exercise your rights, please contact us at:

Broadway Capital Trading LLC

1250 Broadway 36th Fl New York NY 10001 USA

info@bwaycapitaltrading.com

+1 (212) 564-5411