Privacy Policy


Last Update: October 2013

  1. Purpose and Scope
    This Website, www.theice.com, is owned and operated by IntercontinentalExchange, Inc., a Delaware corporation. In this privacy policy, "ICE" ("us", "we" or "our") refers to IntercontinentalExchange, Inc. and our subsidiaries who link to this privacy policy. These subsidiaries include, but are not limited to ICE Futures U.S., Inc, ICE Futures Europe, ICE Futures Canada, Inc., ICE Clear U.S., Inc., ICE Clear Europe, ICE Clear Canada, Inc., ICE OTC, ICE Data Management Group, LLC, ICE Markets, Inc., ICE Markets Corporation, ICE Markets Limited, YellowJacket, Inc., Chatham Energy LLC, Creditex Group, Inc. and ICE Endex Holding BV. ICE respects the privacy of every individual who uses this Website. This privacy policy ("Privacy Policy") outlines the information we collect from the Website (as defined below) and how we use, disclose and otherwise manage that information. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE.

    This Privacy Policy applies only to the information collected on our Website. For purposes of this Privacy Policy, "Website" means the Website of ICE available to the general public and located at www.theice.com, www.econfirm.com and selected other domains.

    This Privacy Policy does not apply to access to ICE's electronic trading platform, whether through the Internet or by other means. Access to ICE's electronic trading platform is limited to ICE members and participants who have entered into off-line agreements with ICE for such access, and is governed by the terms of those off-line agreements.

    Your use of our Website is also governed by our Terms and Conditions/Site Disclaimer, available here and from our homepage.

  2. Changes to Privacy Statement
    This Privacy Policy is current as of the effective date set forth above. We reserve the right to change this Privacy Policy from time to time. Please consult this portion of the Website periodically for important changes to the Privacy Policy as ICE may at any time, and without notice, revise this Privacy Policy by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Privacy Policy. If at any time you choose not to accept the terms of this Privacy Policy, you should not use this Website.

  3. Collection and Use of Information
    You do not have to register to visit our Website. Some of the features offered through our Website may require you to register and provide your name, address, phone number, job title, company, investor type, email address, and a password that you select. Your registration information is used to provide and otherwise administer the service you request. We may also use the information to help us understand our customers and to tailor and enhance our product and service offerings.

    If you register to use some of the features or services on the Website or contact us through the Website, you may be asked to provide personally identifiable information ("Personally Identifiable Information") about yourself. This data may include, but is not limited to, your name, address and other demographic information (such as city or zip/postal code), professional data (such as Company name and job title), telephone number, and email address. If you decide not to provide us with Personally Identifiable Information, you will still be able to use certain parts of our Website, although there may be some features or services that are unavailable to you.

    ICE may store and process your Personally Identifiable Information in order to facilitate your purchase of our services and to identify you when you log in to your account on our site.
    We or our service providers may also use your Personally Identifiable Information to contact you. For example, we may send you marketing or promotional materials or other information if you provide us Personally Identifiable Information for the express purpose of receiving such materials. We may respond to your comments or requests for information, we may ask you for feedback on products and services, contact you if needed in the course of processing your requests, to notify you of any system outage, or to let you know of any change or expiration of an existing subscription you may have to one of our services.

    Credit Card and Financial Information
    Certain products and services provided by our ICE Data subsidiary (such as ICE Energy Live, ICE Live, and historical data) can be purchased through the Website. ICE Data uses third parties as our agents to process such purchases on our behalf. The third party will collect from you contact information (such as your name, address, and e-mail) and financial information (such as credit card number and expiration date). The third party will only use your financial information for the purpose for which the information was submitted.

    Opt-Out
    If you wish to stop receiving information concerning our services or products, please contact us by email at privacy@theice.com to notify us of your wishes.

    In some cases, ICE (or, our hosted Website providers, for those portions of the Website hosted by third parties) may collect information about you that is not personally identifiable. Examples of this type of information include, but are not limited to, the frequency of your use of this Website and the route by which you choose to access it, and your use of any hyperlinks available on this Website. We and our service providers, agents or advisors may process and use this data for purposes including, but not limited to planning Website development, assessing patterns of use, planning and assessing marketing initiatives by ICE. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies. To the extent that we link any non-Personally Identifiable Information with Personally Identifiable Information, we will treat such linked information as Personally Identifiable Information.

    Cookies
    "Cookies" are small text files that are either used for the duration of a session ("session cookies"), or saved on a user's hard drive in order to identify that user the next time he/she logs on to the Website ("persistent cookies"). ICE may use "session cookies" to identify registered users logging-in to ICE Web services. These cookies are deleted from the component's server soon after the session ends and are not collected or saved. ICE may also use "persistent cookies" when a registered user clicks on the "save password" check box on login. Most Web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting our cookies, you may follow your Internet browser's steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of our Website.

    IP Addresses
    We use your IP address to help diagnose problems with our server, and to administer the Website. We may also use your IP address to identify you when we feel it is necessary to enforce compliance with this Privacy Policy or the terms of use for services purchased through the Website, or to protect our services, Website, systems, information, employees, business partners, service providers, users, customers or others.

  4. Disclosures and Onward Transfers
    We will not disclose, trade, rent, sell or otherwise transfer your Personally Identifiable Information, without your consent, except as otherwise set out herein.

    To enable us to more efficiently provide the products and services you have requested from us, ICE may share your Personally Identifiable Information with selected third parties who are acting on our behalf as our agents, suppliers, or providers, or these third parties may collect your Personally Identifiable Information on ICE's behalf. You acknowledge that the collection, transfer, storage, and processing of your Personally Identifiable Information may be undertaken by these selected third parties for the purpose for which the data was collected. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose Personally Identifiable Information for their own marketing or other purposes.

    Your Personally Identifiable Information collected through the Website or in connection with the services provided may be transferred across national boundaries and stored and processed in other countries, such as the United States and Canada. For the avoidance of doubt, if you are resident in the EEA this may include the transfer of your Personally Identifiable Information from within the EEA to a country outside of the EEA.

    Third Parties
    We may disclose Personally Identifiable Information to third parties who perform tasks on ICE's behalf, provided that the third party either: (a) complies with the Safe Harbor principles or is subject to the EU Data Protection Directive or another adequacy finding or (b) agrees (1) to provide adequate protections for your privacy interests that are no less protective than those set out in this Privacy Policy, and (2) to use the Personally Identifiable Information only for the purposes for which the third party has been engaged by ICE.

    Transfer of Business Assets
    As we continue to develop our business, we might acquire or buy other businesses or assets. In such transactions, customer information generally is one of the transferred business assets. Also, we may transfer any information we have about you as an asset to third parties in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of ICE ,or as part of a corporate reorganization or stock sale or other change in corporate control, for the purposes of such third parties carrying on the business of ICE in relation to the continued provision of our services to you as described in this Privacy Policy.

    Disclosure for Other Lawful Purposes
    ICE, our affiliates and our European, US, Canadian and other service providers may provide your Personally Identifiable Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable law. We may also disclose Personally Identifiable Information where necessary for the establishment, exercise or defense of legal claims, or as otherwise permitted by law.

  5. Accessing Your Personally Identifiable Information
    If you have submitted Personally Identifiable Information through an ICE Website and you would like to access, update or correct inaccuracies in your Personally Identifiable Information, or have your name removed from our databases, please contact ICE via email at privacy@theice.com, or send a letter to our Privacy Compliance Officer, 2100 RiverEdge Parkway, Suite 500, Atlanta, GA 30328.

    If you are a registered user of our Website, you may also access your personal account information online and make changes by logging into your account.

  6. Security and Data Integrity
    We have put in place certain safeguards to help prevent unauthorized access and maintain data security with respect to your Personally Identifiable Information. Please see our list of security procedures and technical mechanisms on the Security section for a complete description of these safeguards.

  7. Your Security Obligations
    Your online access to certain of your Personally Identifiable Information may be protected with a password you select. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages). You have an obligation to keep your user ID, password and Personally Identifiable Information secure. As part of maintaining this obligation we recommend that you do the following:

    • Keep your user ID and password confidential;
    • Utilize a unique password and change it frequently;
    • Make sure others are not watching you enter your user ID and/or password on your keyboard when using protected areas of the Website; and
    • Do not leave your computer unattended while logged onto protected areas of the Website. After you finished accessing your information, exit the protected area.
  8. Children
    This Website is not intended for use by minors (persons under the age of 18 and, in those Canadian provinces where the age of majority is 19, persons under the age of 19). If you are a minor, do not use this Website. If parents believe their minor children have accessed this Website and provided their Personally Identifiable Information, please contact us using the information provided in the "Accessing Your Personally Identifiable Information" section of this Privacy Policy so that we may delete the information.

  9. Other Sites
    Our Website may contain links to other sites that ICE does not own or operate. Also, links to our Website may be featured on third party websites on which we advertise. Except as provided herein, we will not provide any of your Personally Identifiable Information to these third parties without your consent. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. We recommend you read carefully the privacy statements, notices and terms of use of any linked websites. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your Personally Identifiable Information.

  10. Complaints
    ICE takes your privacy concerns seriously. If you believe that ICE has not complied with this Privacy Policy with respect to your Personally Identifiable Information, you may write to privacy@theice.com or send a letter to our Privacy Compliance Officer at Fifth Floor, 2100 River Edge Parkway, Atlanta, GA 30328.

  11. Your California Privacy Rights
    Under California's "Shine the Light" law, California residents who provide Personally Identifiable Information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2008 will receive information regarding 2007 sharing activities).

    To obtain this information, please send an email message to privacy@theice.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.

    Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.