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Privacy Policy

Last Updated: February 29, 2024

This Privacy Notice describes the information collected through this website, or any other website or mobile application upon which this Privacy Notice is posted (the “Site(s)”) and the related products and services we provide, whether online or offline, and how that information is collected, used, and disclosed. The Site, our products and services (including any mobile apps, online platforms, and other software (our “Software”)), and all related content, technology, and tools are, together, referred to as the “Services.” Topstep LLC (together with its affiliates, subsidiaries and related companies, “Topstep,” “we,” “us,” or “our”) and its suppliers may collect or receive the types of information described below as a result of your access to and use of the Services (together, “Collected Information”). This Privacy Notice applies to all visitors to and users of the Services.

This Privacy Notice also explains your rights and choices regarding your personal information (if applicable), how we communicate changes to this Privacy Notice, and how you may contact us regarding questions or issues with respect to any matter addressed by this Privacy Notice. This Privacy Notice is incorporated into and made a part of our Terms of Use, any applicable mobile app end user license agreement, and any other agreement that references this Privacy Notice or governs access to or use of the Services (together, our “Terms”).

Topstep offers a learning experience as well as the ability to put your talents to use. Topstep provides users the ability to learn the basics and nuances of trading in a simulated environment through the Trading Combine® as a research analyst. Depending on your success (and at Topstep’s sole discretion), you may also have funded opportunities down the road and the opportunity to advance on out of the Trading Combine® to other Services provided by Topstep. It is important to note that the Services and experience you have with Topstep will differ based on your account. Additionally, through TopstepTV, Topstep offers users content from experts as they trade live and discuss what is happening in the markets. TopstepTV provides breaking financial market news, opinions on market activity, community statistics, shout-outs to those best performing under the Topstep Services, and special guest appearances. 

The data controller of Collected Information is Topstep LLC (at the address and contact information set forth under the “Contact Us” section below) or such other data controller identified on the applicable website or mobile application on which this Privacy Notice is posted. 

By accessing, browsing, or otherwise using the Services, by accepting or entering into our Terms, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand this Privacy Notice and that you consent to our collection, use, and disclosure of your personal information and other Collected Information pursuant to the terms of this Privacy Notice. If you do not agree with this Privacy Notice, do not access or use the Services.

1. Changes to this Privacy Notice

We reserve the right to modify this Privacy Notice at any time. All changes will be effective immediately upon posting of the updated Privacy Notice on the Site and, by accessing or using the Services after any changes are made, you agree to those changes. Material changes will be clearly posted on the Site or otherwise communicated to you (e.g., via email).

2. Information We Collect and How We Collect It

The information we collect generally falls into the following categories:

  • Information that you voluntarily submit to us, for example, your contact information, payment information, user-generated content, and job applications.
  • Information collected through your use of the Services, for example, user activity, data collected by the servers used to operate the Services (e.g., IP addresses and device information), data collected by analytics and advertising services, data collected when you connect using or share information via social media platforms, and data collected by cookies and tracking technologies.

3. Information You Submit

We will collect any and all information that you choose to submit to us through, using, or in connection with the Services, including, without limitation, the types of information described below.

Contact Information & Identifying Information. You can visit the Services without submitting your contact information to us but you will be required to provide your contact information in order to sign up for or subscribe to our Software or otherwise use the Services, to create an account or profile on the Services (where those options are available), to request information from us, to purchase for products or services from us, to use certain Services or tools or features thereof, and to request customer support. We will collect any information from or about you that you choose to provide to us, which may include, without limitation, your name, date of birth, email address, telephone number, and postal addresses. We will use your information as described below in this Privacy Notice, including, without limitation, to provide the Services and their functionality, to set up and administer user accounts (where applicable), to process orders for our Services, and to communicate with our users and customers for marketing and administrative purposes. 

Accounts. To sign up for an account (where that option is made available to you), you must provide specific information, such as your first and last name, age (optional), zip code, postal address, email address, a username, and password. Once you are registered, when you login to your account (where that option is made available to you), we will collect your login information to facilitate your access to, and to administer, your account. 

Phone Numbers. If you provide a mobile or other telephone number to us, you consent to receiving telephone calls and/or text messages from us, if and as applicable, as described below, but only to the extent permitted by applicable law.

Payment Information. Payments submitted in connection with the Services (including ticket purchases, Software subscription fees, and hardware fees) must be made via the Services by credit, debit card, or through alternate payment methods (such as Google Pay, PayPal, etc.) where such alternate payment methods are made available as an option. Please note that alternate payment methods may be provided by third parties (e.g., Google Pay via Google), subject to that third party’s privacy policy. This Privacy Notice does not apply to such third party’s collection and use of your information. Please review the applicable third party’s privacy policy. With regard to credit and debit card payment, all credit and debit card information is provided directly to our third-party payment processor. We do not directly access, handle, or store your credit or debit card information. To submit payment using the Services, you will need to provide your name, email address, telephone number, and your credit or debit card number, expiration date, and security code, as well as any such information as necessary to verify the applicable payment. Our payment processor will use your payment-related information in accordance with its privacy policy.

Photo & Video. You may have the option of uploading a photograph or avatar image to your account, which will then be associated with your account and that will be used to identify yourself to Topstep and other users. Please note that any photo or avatar you associate with your account will be publicly accessible and viewable.

User-Generated Content and Other Information Provided Using Our Services. We will collect all data, information, and other content that you enter into, submit to, upload to, or transmit using our Services (which may include the types of information described above and below in this Privacy Notice). If you post a submission to any public forum on the Services, including, without limitation, any publication, article, social network page, blog, chat room, or other such forum, please be aware that any personal information disclosed in such submission can be read, viewed, collected, or used by any other users of those forums, and could be used to contact you, send you unsolicited messages, or for purposes that neither you or we control. You are responsible for any and all text, images, video, audio, comments, data, information, and other content and material that you submit, create, post, upload, embed, display, communicate, distribute, or transmit using our Services and all such content and material are provided at your own risk. This includes any content or material provided that is intended to be made accessible or viewable by other users of our Services, including, as applicable, the general public. We cannot guarantee that such user-generated content will not be viewed by unauthorized persons. You understand that, even after removal, copies of user-generated content you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other users of the Services. Topstep will make user-generated content available to other users of the Services and to the public, as applicable, and will use and disclose user-generated content for the purpose for which it was provided (including, for example, as may be indicated at the point of collection). 

Contact Forms and Requests for Information or Support. To contact us for more information, or to request support via the Services, you will need to provide your contact information as applicable, as well as details of the products or services you are interested in, and the subject matter in which you are interested.

Chat and Messaging. If you use any chat or messaging feature on the Services, we will collect all text and other information and content that you may provide or input using those features. If you use a chat or messaging feature while signed into your account, we may link that information to your account.

Marketing Communications. If you sign up or otherwise opt in to receive blog updates, promotional or marketing communications, or other communications from us, you will need to provide your email address. We will use this information to send you updates, marketing, and promotional, as well as other electronic communications. You may opt out of receiving updates and other emails from us at any time by following the unsubscribe instructions in the applicable email or by contacting us using the contact information provided below under “Contact Us.” Note that, even if you opt out of receiving promotional communications from us, you may still receive administrative communications from us with respect to your account and use of the Service. We may use third-party email providers to deliver these communications to you.

Job Applications. If you submit a resume, job application, or related materials or other information to us or through the Site, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require us to review that information or consider you for employment. To view career opportunities at Topstep or to submit a job application you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal.

Promo Codes & Loyalty Programs. From time to time, in Topstep’s sole discretion and at all times subject to the Terms, Topstep may provide users the opportunity to access or receive promotional codes. In order to provide you such promotional codes, we may collect identifying information, including, for example, your first and last name, account username, and email address. Additionally, from time to time, Topstep may offer—in its sole discretion—rewards or loyalty programs to you and other users, all to the extent applicable and subject to additional terms and conditions. Some of the programs may require you to provide us your personal information, such as, your first and last name, your username and account information, your date of birth, your email address, or your telephone number. Some of these programs may be considered “bona fide loyalty programs” or “financial incentives”. If that is the case, Topstep will provide you with a separate notice of financial incentive to the extent required, and in accordance with, applicable law. Note that if you participate in such programs but ask Topstep to delete your personal information pursuant to the “Your Choices and Access” section of this Privacy Notice, we will not be able to provide you with access to these programs.

4. How We Use and Share Collected Information

In addition to the uses and sharing described above, Topstep and its suppliers may use and disclose Collected Information as described below. We do not use, sell, rent, or otherwise disclose Collected Information except as stated in this Privacy Notice and as required or permitted by applicable law.

Purpose Collected and Communication with You. We will use and share your personal information and other Collected Information for the purpose for which it was collected, for example, to process and communicate with you in connection with your use of the Services (including your simulated trade activity and other account activity), your requests for information, user-generated content you provide, and opportunities at Topstep, to administer your account (where applicable) and our business activities, to provide customer support to users of the Services, and to provide you with information and communications that you request. Your location information will be used, for example, to understand where our users are located and to determine what services are available in those areas. User-generated content will be used for the purpose for which it was provided, including to make that content available to other users of the Services, if applicable, as discussed above and in our Terms. If you provide us with a telephone number, we may call you regarding your use of the Services or in response to your questions or comments. We may use Collected Information to notify you of changes made to the Services (e.g., changes to this Privacy Notice or our Terms).

Analyzing Opportunities. We will analyze multiple aspects of your performance on the Services and other such Collected Information associated with your account to determine your potential eligibility for additional Topstep Services.

Personalization. To tailor the content and information that we may send or display to you, to suggest personalized help and instructions, and to otherwise personalize your experience while visiting or using our Services.

Promotional Communications. Topstep may, to the extent permitted by applicable law and in accordance with your preferences, use Collected Information to send you promotional communications about us and our products and services. Topstep will obtain your prior consent for such promotional communications solely to the extent required by applicable law. In order to provide you with a personalized experience, these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the Services or the links you click on in Topstep emails. You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in the applicable email or by contacting us using the contact information provided below under “Contact Us.” Note that, even if you opt out of receiving promotional communications from Topstep, you may still receive administrative communications from us with respect to your use of the Services. 

Text Messages. If you opt in to receiving text messages (SMS and MMS) on the Services when prompted, we may send you autodialed and other text messages at the telephone number you provide relating to your use of the Services. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply. Note that, even if you opt out of receiving promotional communications from Topstep, you may still receive administrative communications from us with respect to your use of the Services.

Brokerages. When you sign up or otherwise register for an account to access or use our Services, we disclose your information, including, without limitation, your personal information, with licensed brokerages and other financial industry vendors in order to provide you with your account and the Services. By disclosing your information, including, without limitation, your personal information, with us and set up an account for the Services, you hereby direct us to interact with and disclose your information, including, without limitation, your personal information, to such licensed brokerages that you select. We encourage you to review the privacy policy of any brokerage platform that you use or visit in connection with the Services, as those platforms’ respective privacy policies will govern their collection, use, and disclosure of information they collect from you. We cannot control any policies or terms of such brokerage. As a result, we are not responsible for any use or disclosure of your information or content by such brokerages, which you use at your own risk. 

Sharing Collected Information with our Affiliates, Subsidiaries and Related Entities. Based on how you use the Services and the information that you provide to or request from us, we may share your Collected Information (including, without limitation, your personal information) with our affiliates, subsidiaries and related companies . Our affiliates, subsidiaries and related companies may use your Collected Information (including, without limitation, your personal information) for their own legitimate business purposes and for all such purposes as permitted under applicable law. Additionally, our affiliates, subsidiaries and related companies may contact you directly with respect to their products and services, provided that if applicable law requires, your prior consent will be obtained. You may opt out of receiving communications from any such affiliates, subsidiaries and related companies pursuant to that affiliate’s own policies. You may opt out of receiving communications from us by contacting us using the information below under “Contact Us.” 

Sharing Collected Information with Our Third-Party Suppliers and Service Providers. We will disclose Collected Information to our and our affiliates, subsidiaries and related companies’ respective suppliers, vendors, and service providers as necessary for us to provide the Services and our products and services to you and to engage in the use and sharing of Collected Information as permitted by this Privacy Notice and applicable law. These third parties include, without limitation, our website management and hosting suppliers, customer support providers and solutions (including, without limitation, chat hosting providers), those handling the processing and delivery of mailings, cloud storage providers, website analytics providers, payment processors (if and as applicable), product installers, and email service suppliers. Our service providers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies and our agreements with those third parties. 

Third Party Businesses. We may engage in relationships with unaffiliated, third party businesses (collectively “Third Party Businesses”). Pursuant to such a relationship, we may provide your personal information to the Third Party Businesses for their independent use, which may be considered a sale of data under applicable law.

Evaluation and Improvement of Our Products and Services. We may use and disclose Collected Information to analyze, develop, and improve the content, materials, products, and services that we provide; to inform marketing and communication plans and strategies; to understand user demographics and preferences; to analyze the effectiveness of the Services; and to evaluate user needs and customize Services content and the user experience. 

Usage Data and Analysis. To better understand how users access and use our Services, both on an aggregated an individualized basis, including monitoring, evaluating, and analyzing which features and portions of the Services are most popular, for troubleshooting, for statistical purposes, including, for example, identifying geographic regions of visitors to our Services, evaluating frequently asked questions from visitors, and for other statistical purposes. 

Deidentified and Aggregated Data. We may deidentify and/or aggregate personal information and user-generated content, and aggregate other Collected Information, and use and disclose that aggregate and/or deidentified data for our business purposes, in each case to the extent permitted by applicable law. We may also combine aggregate and/or deidentified data with other data in our possession for purposes of using and disclosing information as permitted under applicable law.

Lawful Processes; Protection of Company. We may use and share Collected Information in accordance with and in response to regulatory authorities, courts with competent jurisdiction, valid law enforcement requests, governmental agency requests, emergency services, and other necessary third parties for legal, protection, security, and safety purposes (e.g., to comply with laws or regulations, to respond to subpoenas and legal processes, to perform credit checks, to protect the safety of our employees, agents, and customers, or any other person). We may use Collected Information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including to enforce our agreements, policies, and terms, to bring legal action, to protect our operations and assets, or to pursue remedies or limit damages that we may sustain.

Business Transactions. If we undergo a change in control, acquisition, merger, reorganization, asset sale (in whole or in part), or similar transaction, we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients will be bound by this Privacy Notice as it applies to the information disclosed. Also, if we or any of our assets are acquired or if we go out of business, enters bankruptcy, or goes through some other change in control or reorganization, Collected Information may be one of the assets transferred to or acquired by a third party.

With Your Consent. With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Notice.

Disclosures to Third Parties. Pursuant to and consistent with the purposes for collecting your information as set forth in this Privacy Notice we disclose certain categories of personal information to third parties for a business (or other) purpose. The categories of personal information we disclose include:

  • Identifiers: including but not limited to name, telephone number, postal address, age, email address, or date of birth;
  • Internet or other electronic network activity information: including but not limited to computer and connection information, IP address, and cookies and other tracking technologies described further above; and 
  • Inferences: drawn from the above categories of personal information, including, without limitation, de-identified or aggregated information.

As described in this Privacy Notice above, applicable business purposes for such disclosures include, without limitation, product and service fulfillment, payment processing, internal operations, evaluation and improvement of our Services, prevention of fraud and other harm, and legal compliance.

The categories of third parties to which we may share the above categories of information, include, without limitation: 

  • Our affiliates, subsidiaries and related entities;
  • Brokerages and other financial industry vendors;
  • Third Party Businesses;
  • Subsequent owner(s) or successor(s) or assign(s) of Topstep
  • Third party service providers: including, but not limited to, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies; and
  • Law Enforcement

5. Researcher Analysts and Trading Combine®

The Topstep Trading Combine® and simulated accounts allow users (referred to as researcher analysts) the ability to make trades in a simulated, non-live market environment. This section, in addition to the rest of this Privacy Notice, applies to you if you hold an account in the Trading Combine® or such other simulated accounts that Topstep may offer from time to time.

Simulated Trade Data. We will collect information about the simulated trades you make under your account, including, without limitation, the quantity of simulated trades, types of simulated trades, value and return of the simulated trades, and patterns with regard to the success or failures of your simulated trades. We may, to the extent permitted by applicable law, combine this simulated trade data with simulated trading data we collect from other users. We may also, to the extent permitted by applicable law, combine this simulated trade data with non-simulated trade data as described below. Without limiting the foregoing, you acknowledge that Topstep may collect and aggregate information about you and your particular simulated trades, trading patterns and preferences, and other preferences and interests and use such information in its sole discretion. Additionally, as noted in the “TopstepTV & Leaderboard” section of the Privacy Notice below we may share your name and statistics about your performance in the Trading Combine® on TopstepTV and on the Leaderboard. Please see below for further details.

Analyzing Funded Opportunities. We will analyze your simulated trading data (described above) and other such Collected Information associated with your account to determine your potential eligibility for additional Topstep Services.

Aggregate Data and Deidentified Data. As described in the “How We Use and Share Collected Information” section of this Privacy Notice, Topstep collects and aggregates or deidentifies Collected Information, including, without limitation, information about you and your particular simulated trades, trading patterns and preferences, and other preferences and interests you express using or accessing the Services. Topstep may share or disclose such aggregated and deidentified information to Topstep’s business partners, affiliates, subsidiaries, related companies, users, customers, vendors, distributors, or other collaborators for these same purposes and each of them may use all such information to influence or inform their own trading activities, for example, through mirroring simulated trades (or entering trades opposite of simulated trades) in actual financial markets or use them in any other manner to the extent permitted under applicable law. You agree that such activities may be performed automatically and in no circumstance shall you be entitled to any payment or compensation. Topstep will ensure such aggregate and deidentified information is maintained and used in aggregate or deidentified form (as applicable) and will not reidentify such aggregate and deidentified information (except as may be necessary for the purposes of determining whether the deidentification process satisfies applicable legal requirements).

6. Live Funded Accounts

Based on your performance in the Trading Combine® as a research analyst, or such other simulated accounts that Topstep may offer from time to time—and at Topstep’s sole discretion—you may have an opportunity to get funded with trading capital via TopstepFunded LLC or to advance to another product or service offered by Topstep. This section, in addition to the rest of this Privacy Notice, applies to you if you hold a funded account through the Topstep Services.

Live Funded Traders. When you sign up for a live funded account or otherwise register for additional funded opportunities through Topstep, in addition to those categories of Collected Information identified throughout this Privacy Notice, we collect the following information:

  • Full legal name (i.e., first name, last name, and middle name);
  • Date of birth;
  • Government-issued photo identification, passports, other government-issued identification cards, Social Security Numbers;
  • A photograph of yourself;
  • Photographs of such government-issued photo identification or passports;
  • Contact information (including, without limitation, telephone number, email address, postal address, country of residence); and
  • Such other information you voluntary share with or disclose to Topstep through the registration or sign up process.

In addition to the uses of Collected Information set forth in the “How We Use and Share Your Information” section of this Privacy notice, we may also use your information for the following purposes:

  • Managing the Trader Relationship: to determine your eligibility for a live funded account or contract with Topstep, including, without limitation the verification of qualifications; to identify you; to communicate with you; to determine performance requirements; to assess your performance; to gather evidence for disciplinary actions up to and including termination of your live funded account; to conduct data analytics and other related statistics; 
  • Timekeeping and Access: To verify your identity for timekeeping purposes; to facilitate your access to Topstep Services, facilities and/or premises; 
  • Administration of Payouts: to administer payouts in accordance with the Terms and your agreement with us; 
  • Safety and Security: to comply with laws, rules, or regulations; when, in Topstep’s judgment, disclosure is necessary to prevent fraud or to comply with any statute, law, rule or regulation of any governmental authority or any order of any court of competent jurisdiction; to ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software or code distribution;
  • Legitimate Business Purposes: to provide and operate Topstep’s business processes, systems and business operations (e.g., work assignments, management of Topstep property, and safety and protection of Topstep employees and independent contractors, directors, owners, agents, assets, resources, properties and facilities); when Topstep outsources some or all of its operations to third party service providers who provide services for Topstep; to third parties engaged by Topstep and serving in an agency capacity to perform functions on behalf of Topstep, the performance of legal and other professional services; to enforce or apply Topstep’s contract with you and any Topstep policies and agreements; to support internal administration with our affiliates, subsidiaries and related companies;

Overall Performance. Topstep will also track your overall performance (or details thereof) under your live funded account or such other funded opportunities Topstep may make available to you from time to time. As noted in the “TopstepTV & Leaderboard” section of the Privacy Notice below we may share your name and statistics about your performance in the Trading Combine® on TopstepTV and on the Leaderboard. Please see the “TopstepTV & Leaderboard” section below for further details.

Sensitive Personal Information. Certain jurisdictions provide special categories of personal information that are considered sensitive under applicable law. As discussed in this Privacy Notice above, we collect and use the following special categories of personal information:

  • Social Security Numbers, passports, and other government identification cards and numbers.

We collect and use your sensitive personal information for the following legitimate business purposes:

    • to carry out our obligations under applicable law;
    • for the performance of an agreement with you and to provide services requested by you and as reasonably expected in the context of such performance;
    • to protect our legal interests and to ensure the physical safety of ourselves and other individuals; 
    • as otherwise required by law; and
    • For other purposes, with your prior consent.

7. Trading League

At Topstep’s sole discretion, based on your performance in the Services, including, for example, in the Trading Combine® as a research analyst or based on your performance under a Live Funded Account, you may have an opportunity to join the Trading League. If selected and made available to you, you may have the opportunity to join a team of traders—lead by a team captain or captain(s). This section, in addition to the rest of this Privacy Notice, applies to you if you join or otherwise participate in the Trading League. By joining or otherwise participating in the Trading League, you here agree to and consent to these supplemental terms.

Please note that your participation in the Trading League is subject to additional rules, terms, and conditions.

Public Participation. If you participate in the Trading League, your information may be publicly available, including, for example, by posting your personal information—such as your first and last name, username, and general location from which you are trading from (e.g., city, state, etc.)—on the Sites or Services in association with your team, your performance, and your team’s performance. Additionally, we may share, including, without limitation by making publicly available or disclosing such information on TopstepTV as indicated below, your first and last name, username, and statistics about your performance on the Services and in the Trading League. The information disclosed may include, for example, success or failure in the Services via your profit-net-losses statistics (e.g., how successful or unsuccessful your trades or simulated trades have been). By accessing and signing up for the Services, you hereby agree and consent to the disclosures described herein.

Teams and Captains. When you join a team, your personal information—such as your first and lats name, username, and location from which you are trading from (e.g., city, state, etc.), and other contract information (e.g., email)—will be shared with your teammates and your team’s captain or captains.

8. TopstepTV & Leaderboard

TopstepTV. Topstep also seeks to offer timely and informative market content and commentary through TopstepTV. As a part of the Services and your use thereof, and unless you otherwise opt-out of such disclosures, Topstep may disclose your information and user-generated content—including, for example, your personal information such as your first and last name, username, general location from which you are trading from (e.g., city, state, etc.), and statistics about your performance on the Services—to other users including, without limitation, by making such information publicly available through Topstep’s streaming (including, without limitation, on TopstepTV) and YouTube channels. By accessing and signing up for the Services, you hereby agree and consent to the disclosures described herein. We cannot guarantee that such content will not be viewed by unauthorized persons. You understand that, even after removal, copies of the content may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other users of the Services. You can opt-out of any such future disclosures at any time by making a request at the following linked-to Request Form.

Leaderboard. To analyze performance across the Services and offer such information to the public and to our users, Topstep may include on the website a Leaderboard, tracking the performance of users in the Services. Pursuant to such Leaderboard and unless you otherwise opt-out of such disclosures, Topstep may disclose your information and user-generated content—including, for example, your personal information such as your first and last name, username, general location from which you are trading from (e.g., city, state, etc.), and statistics about your performance on the Services—to other users including, without limitation, by making such information publicly available to the general public and visitors to the website. By accessing and signing up for the Services, you hereby agree and consent to the disclosures described herein. We cannot guarantee that such content will not be viewed by unauthorized persons. You understand that, even after removal, copies of the content may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other users of the Services. You can opt-out of any such future disclosures at any time by making a request at the following linked-to Request Form.

9. Other Information Collected

As you navigate and use the Services, certain information can be passively collected using various technologies. We passively collect a variety of types of information in a variety of ways, including as described below.

User Activity. We collect information on how the Services are used, for example, the features you use, the links that you click on, your search parameters, data reflecting transactions that have taken place using the Services, how you interact with other users, performance statistics, and other usage data.

IP Addresses and Related Data. The servers used to operate and provide the Services may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Services, including IP addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your device’s screen resolution, your web browser type, the pages you access on the Services, the websites you access before and after visiting the Services, the length of time you spend on the Services, date and time stamps, clickstream data, your approximate geographic location, performance statistics, and usage data. We may use this information to administer the Services and their servers, to generate statistical information, to monitor and analyze Service traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Services.

We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the Services may collect information about your visits to the Services and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained below under “Cookies and Tracking Technologies.”

Analytics. The Services use third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Services, including when you visit the Services, URLs of the websites that you visit prior to visiting the Services and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Services’ structure and content.

For more information on how Google uses this data, visit Google’s Privacy Notice and Google’s page on How Google uses data when you use our partners’ sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent us from using other analytics tools and will not prevent data from being sent to the Service itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Service. 

Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Services may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads and advertising services provided by Meta (sometimes referred to the Meta “tracking pixel”).

These services collect information about your visits to and interactions with the Services and other websites and will use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information.

Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Services and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Service and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet.

We may also enable and implement the following Google Analytics Advertising Features on the Service: Remarketing with Analytics, Demographics and Interest reporting, Campaign Manager integration, Display & Video 360 integration, Google Display Network (“GDN”) Impression Reporting, and Segments. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Service. Demographics and Interest reporting uses a third-party cookie to collect information about our Service traffic by tracking users across websites and across time, which generates a report for us to better understand Service users. Campaign Manager integration allow us to view, analyze, and create remarketing lists using our Campaign Manager data in Google Analytics. Display & Video 360 integration allows us to create remarketing lists in Google Analytics and have those lists available in Display & Video 360. GDN Impression Reporting allows us to measure the impact of unclicked GDN Display ad impressions on website behavior and conversions. Segments allows us to isolate and analyze subsets of Service users by sorting our Google Analytics data.

To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Service.

If you have a Meta account but do not wish for Meta to collect data relating to you via the Services, we suggest that you take the steps outlined below under “Social Media.”

For certain Meta advertising services, Meta Ireland is a Joint Controller (as defined in the GDPR) and that information required under the GDPR related to such processing can be found at https://www.facebook.com/about/privacy. We work with Meta and use their advertising services to measure and improve our ads and marketing efforts, as well as to display more relevant advertising to you. For further information on how Meta Ireland processes your personal information, including the legal basis, and the ways to exercise your rights, please visit https://www.facebook.com/about/privacy. If you have a Meta account but do not wish Meta to collect data relating to you via the Services, we suggest that you take the steps outlined below under “Social Media.”

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

Social Media. The Services may implement widgets, tools, or applications provided by social media platforms and the Services may otherwise allow for interaction, integration, or content sharing with third-party social media platforms and companies. We may be required to implement cookies, plug-ins, and APIs provided by those social media platforms in order to facilitate those communications and features. By choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. Interactions, integrations, and content sharing with a social media platform and their features may require or allow the social media company to collect information from or about you, whether through cookies, registration information, or otherwise. Social media companies may track your online activity even when you do not choose to interact with the social media platform or its widgets or other features. We encourage you to review the privacy policy of any social media platform that you use or visit in connection with the Services, as those platforms’ respective privacy policies will govern their collection, use, and disclosure of information they collect from you. We cannot control any policies or terms of such third party platform. As a result, we are not responsible for any use or disclosure of your information or content by third-party platforms, which you use at your own risk.

The Services may also use the advertising services and networks offered by social media platforms to deliver advertising content. Use of these services requires social media platforms to implement cookies or pixel tags to deliver ads to you while you are logged into the applicable social media platform.

If you do not want social media platforms to collect information relating to you via the Services or to link information collected via the Services to your social media accounts, we suggest that you: (a) do not connect to or share information with social media platforms using the Services; (b) hide social media platform plug-ins using an ad blocker; (c) always log off completely from social media platforms before visiting the Services or other websites and delete all related cookies; and, (d) where the option is made available by a social media platform, disable the advertising services and networks operated by that platform. You hereby acknowledge that we make no guarantee that exercising the foregoing options is guaranteed to prevent applicable social media platforms from tracking you and, further, you acknowledge that we are not responsible for a social media platform’s tracking of you.

Our Social Media Pages. We are active on social media. You may have the opportunity to comment on social media platforms regarding, as well as send us reviews and testimonials regarding, Topstep and the products and services we offer and/or to submit or upload related photos and other materials. We reserve the right to post on the Services, other websites, and social media pages any comments, photos, or content that you post on our social media pages or provide to us (whether through social media or otherwise) to the extent permitted by applicable law.

Cookies and Tracking Technologies. The Services automatically use cookies to track your use of the Services in order to facilitate and enhance the user experience on the Services and for other purposes as described below. Cookies are small pieces of information that are stored on your device’s hard drive by your web browser. We use cookies to learn and track how you access and use the Services, including when and how users visit the Services and how popular particular Service pages are and aren’t. We also use cookies to recognize Services users, to help display information on the Services, and to improve your enjoyment and the usefulness of the Services, for example, by remembering and displaying certain information.

The Services may use both cookies that we implement, and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Our suppliers may use cookies and tracking technologies to track Service users across the Internet to understand how you get to the Services and for the analytics purposes disclosed in this Privacy Notice. We do not have access to or control over these cookies and this Privacy Notice does not cover the use of third-party cookies. Click here for information on the cookies used by Meta. Click here and here for information on the cookies used by Google.

A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six (6) months or one (1) year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed above.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information are used are described below. We may combine information collected by cookies with other Collected Information.

  • Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Services. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Services to make use of its functions. Without these cookies, features and services you have requested will not be able to be provided.
  • Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Services. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Services so that you are not asked to react to it again, remembering if you have used any feature of the Services before, and enabling social media components. If functional cookies are disabled, various functions of the Services may be unavailable to you or may not work the way you want them to.
  • Performance cookies (also called analytical cookies). These cookies assess the performance of the Services, including as part of our analytic practices to help us understand how visitors use and interact with the Services, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.
  • Advertising or targeted cookies. These cookies record your visits to the Services, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. We and our third-party advertising platforms or networks may use this information to make the Services and its content more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

For more information about cookies, including about advertising cookies and your choices regarding cookies, we suggest you visit the following websites: https://www.consumer.ftc.gov/articles/0042-online-tracking; http://www.allaboutcookies.org; and http://www.youronlinechoices.eu.

Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete previously stored cookies. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Services and other websites. For example, the Services may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Services in the past, and may not remember your name or contact information or other information you have entered using the Services, and our website may not recognize the device(s) you use to access the Services.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new device, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The Services may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that function similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Cookie management tools provided by your browser will not remove and cannot be used to manage Flash cookies. Click here for information on how to manage Flash cookies. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests. For this reason, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of information using cookies and tracking technologies.

However, residents of certain U.S. states may opt out of certain activities (to the extent applicable) that are considering “selling” or “sharing” personal information for targeted advertising purposes by broadcasting an Opt-Out Preference Signal as defined under applicable law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here: https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Embedded Content. The Services may incorporate content, including feeds, scripts embedded in the Services’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. For example, Vimeo may collect or otherwise have access to usage data on videos embedded on the Services as described in the Vimeo.com Privacy Policy. The Services may also include Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/

Our Services may use YouTube to make content in video format available to you. By accessing a part of the Services where videos are available, watching an embedded video, or otherwise interacting with any content made available through YouTube, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the Services as further described in YouTube’s Privacy Notice. YouTube adheres to Google’s privacy policies and principles, part of which allow you to control certain privacy settings and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/.

Information that We Obtain from Third-Party Sources. We may obtain data about users of the Services from various third-party companies and public sources, whether offline or online (e.g., marketing companies, analytics consultants, publicly available social media profiles, other public sources of information), and we may combine that data with Collected Information. This enhances our existing information about our users and customers and improves our ability to contact you and our marketing’s relevancy.

10. Retention of Personal Information

We will retain your personal information for as long as it’s needed to fulfill the purposes outlined in this Privacy Notice and our Terms unless a longer retention period is required or permitted by law (e.g., tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will take reasonable and appropriate measures designed to either delete or anonymize it; if that is not possible (e.g., because your personal information has been stored in back-up archives), we will take reasonable and appropriate measures designed to securely store your personal information and isolate it from any further processing until deletion is possible.

11. Automated Processing

Other than as may be described in this Privacy Notice, you will not be subject to decisions based on automated information processing without your prior consent.

12. International Transfers of Personal Information

Depending upon your particular interaction with us, your personal information may be transferred, accessed, stored and otherwise processed by us, other Topstep entities, or service providers for the purposes described above and throughout this Privacy Notice, and subject to requests from law enforcement (including courts and tribunals in accordance with laws applicable in those jurisdictions), in jurisdictions outside of your home jurisdiction, including the United States, and may not provide an equivalent level of data protection as your home jurisdiction. We take steps to protect personal information, including, where required by law, through appropriate written data processing terms and/or data transfer agreements, for example, by signing relevant EU standard contractual clauses as approved by the European Commission (the form for these clauses can be found here). Subject to applicable law, you have the right to obtain details about the mechanism under which your personal information is transferred cross-border. For more information about these transfer mechanisms, please contact us as set out in the “Contact Us” section below. 

13. Your Choices and Access

The purpose of this section of the Privacy Notice is to inform you of our privacy options. Some U.S. states and other jurisdictions outside of the U.S. provide these options and rights to their residents. 

Depending on the laws applicable to Topstep’s processing of your personal information and the location in which you reside, you may have the ability to exercise the rights listed below and in this section of the Privacy Notice. Subject to foregoing, in addition to all application limitations, exemptions, or exceptions—regarding our collection and use of your personal information—these rights may include, to the extent applicable:

  • Right to Access: You may have the right to request access to any of your personal information that we hold. Specifically, you have the right to request the disclosure of (1) what personal information has been collected; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collection or selling personal information; (4) the categories of third parties with whom we share personal information; and (5) the specific pieces of personal information we have collected about you.
  • Right to Data Portability: You may have the right to receive all such personal information about you from Topstep in a structured, commonly used and machine-readable format, and also to require us to transmit it to another entity where this is technically feasible.
  • Right to Deletion: You may have the right to request the deletion of your personal information that we have collected.
  • Right to Correction: You may have the right to request the correction of your personal information that we collected.
  • Right to Withdraw Consent: In the event your personal information is processed on the basis of your consent, you may have the right to withdraw consent at any time with effect for the future.

To exercise these rights, please see the “Exercise Your Rights” section of the Privacy Notice below. Additionally, if you have any concerns, complaints, or other issues with regard to our collection, use or other processing of your personal information, please contact us via the means set forth under the “Contact Us” section of the Privacy Notice below.

14. Additional Information for Certain U.S. Residents

Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional choices and rights. This section of the Privacy Notice only applies to individuals located in such U.S. states and where such U.S. state data protection laws apply to Topstep’s processing of your personal information. 

Collection. In addition to and consistent with the uses and disclosures described in this Privacy Notice above we and our suppliers may use and disclose Collected Information as described below:

Personal Information We collect the following subcategories of personal information: We collect such personal information for the following purposes:
Identifiers First and last name, date of birth, physical address, telephone number, cellphone number, email address. Performing and providing the Services to you, providing customer services, verifying user information, facilitating access to the Services.

Administering your account.

To communicate with you and send you information about our products or services, or to respond to your request for information or the Services.

To send promotional communications about us, to the extent permitted by applicable law.

Sensitive Personal Information Social Security Numbers, passports, and other government identification cards and numbers If applicable, to onboard you for a live funded account and to otherwise administer your account and perform and provide the Services to you.
Protected Classifications and Characteristics under Applicable Law Age, sex (including gender and gender identity). You can voluntarily provide us with this information. We may use it for demographic analysis and to better understand our users to provide the Services to you.
Internet or other electronic network activity information IP addresses, log files, login information, and cookies and device information (e.g., online activity such as date and time of accessing our websites, website addresses accessed, the length of website visit). Analytical purposes, including, without limitation, to help us improve your access to the Services (for example, by remembering your contact and other information when you access or use the Services), to identify repeat visitors to the Services, to track how you access and use the Services, to learn when and how users visit the Services, to learn how popular Services pages are and aren’t, to learn which search terms are used to find the Services, to learn which websites direct you to the Services, to help display certain information on the Services, and to improve your enjoyment of the Services.

To target advertisements for goods and services and to display those advertisements on other websites.

To administer the Services and its servers, to generate statistical information, to monitor and analyze Services traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Services. 

Approximate Geolocation Physical address; IP address, work / business address, state, region. To communicate with you and send you information about our products or services, or to respond to your request for information or products and services.

To send you promotional communications about us and our Services, to the extent permitted by law.

Professional or employment-related information Business contact information, including, but not limited to, job title, place of employment, business phone number, business address. Performing and providing the Services, including, without limitation, providing customer services, verifying user information, facilitating access to the Services.

Administering your account.

Communicating with users who have requested support, information, or Services.

To send you promotional communications about us and our Services, to the extent permitted by law. 

Audio, electronic, visual, or similar information Photographs and avatars you upload to your account. To administer your account and identify you.
Inferences from other personal information Preferences, behaviors, characteristics (including, for example, age gender, race, and marital status), and similar information. Performing and providing the Services, including, without limitation, providing customer services, verifying user information, facilitating access to the Services.

Administering your account.

Analytical purposes to analyze the use of, and to enhance our, Services.

To develop and create aggregated and/or deidentified data.

Sources. Consistent with the Privacy Notice above, we collect certain categories of personal information directly from you and, in some circumstances, third parties. The categories of sources that we collect personal information from in the prior 12 months includes the following:

  • Our third party service providers;
  • Online advertising networks;
  • Brokerages;
  • Affiliated and related companies;
  • Trading platforms you use within the Services;
  • Third party websites and mobile applications (e.g., websites that share information with us or our advertising partners);
  • Social media companies;
  • Our Services; and
  • Your communications with us.

Rights. Applicable laws in your jurisdiction may grant you certain rights—subject to all applicable limitations, exemptions, or exceptions—regarding our collection and use of your personal information. In addition to those rights set forth in the “Your Choices and Access” section of the Privacy Notice above, these rights may include, to the extent applicable and to the extent granted under applicable law:

  • The right to opt-out of targeted advertising and the sharing of personal information that is shared for cross-contextual behavioral advertising purposes;
  • The right to opt-out of the sale of your personal information;
  • The right to not be discriminated against due to your exercise of your rights under applicable law. We do not discriminate against users for exercising the rights granted to them under applicable law and that are applicable to our processing of your personal information.

We do not use your personal information to profile you in furtherance of decisions that produce legal or significantly similar effects (as may be defined under applicable law).

The above rights are only exercisable by you where the applicable law grants you the right being exerted and where no exception or exemption under applicable law applies. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. To exercise the rights described herein (only to the extent applicable), you may submit a verifiable request to us by through the methods set forth under the “Exercise Your Rights” section below.

Selling and Sharing. We do not sell your personal information as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing). Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of personal information with the following categories of third parties and for the following purposes:

Category of Personal Information Sold or Shared Category of Third-Party Recipient  Purpose
Identifiers Analytics, marketing, advertising, and remarketing partners and service providers Analytical and targeted advertising purposes (including, without limitation, cross-contextual behavioral advertising).

Specifically, to target advertisements for goods and services and to display those advertisements on other websites.

Internet or other electronic network activity information Analytics, marketing, advertising, and remarketing partners and service providers Analytical and targeted advertising purposes (including, without limitation, cross-contextual behavioral advertising).

Specifically, to target advertisements for goods and services and to display those advertisements on other websites.

You have the right to opt out of the selling or sharing of your personal information as described herein. You may exercise this right to opt out by contacting use through the methods set forth below under the “Exercise Your Rights” section of the Privacy Notice, or by clicking the “DO NOT SELL OR SHARE MY PERSONAL INFORMATION”.

We do not knowingly sell or share for cross-contextual behavioral advertising purposes, the personal information of anyone under the age of 16 years old. See the “Children” section of this Privacy Notice below for more information.

15. Additional Information for Individuals Located in the EEA

This section of the Privacy Notice applies to residents of countries or jurisdictions located in the EEA, including, without limitation, the European Union and the United Kingdom.

Rights. To the extent the European Union’s General Data Protection Regulation or other law granting particular rights to data subjects applies to you (including, without limitation, those located in the United Kingdom) and subject to all applicable exceptions and exemptions granted under such applicable laws, you may have the following rights with regard to our processing of your personal information in addition to those rights set forth in the “Your Choices and Access” section of the Privacy Notice above:

  • Right to Restrict Personal Information Use and Right to Object: You may have the right to restrict our use of your personal information where (i) you contest the accuracy of the personal information; (ii) the use is unlawful but you do not want us to erase the personal information; (iii) we no longer need the personal information for the relevant purposes, but you require it for the establishment, exercise or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests pending verification as to whether Topstep has compelling interests to continue the relevant personal information use.
  • Lodge a Complaint: You also may have the right to lodge a complaint with a supervisory authority, in particular in your country of residence, if you consider that the collection and use of your personal information violates this Privacy Notice or applicable law.

Legal Bases We Rely on When Processing Personal Information. To the extent the European Union’s General Data Protection Regulation or other similar law applies to you (including, without limitation, those located in the United Kingdom) and is applicable to Topstep, we process your personal information for the purposes set forth in this Privacy Notice under the following legal bases (as applicable):

  • Our Contract With You: Our processing is necessary to perform our obligations under a contract with you or to perform steps requested by you prior to entering into a contract with you: (e.g., to verify the information you have provided to us).
  • Our Legitimate Interests: Our processing is necessary for our legitimate interests, including to protect the security of our services; to protect the health and safety of you or others; to establish, protect and defend our legal rights and interests; to prevent fraud and verify identity and authorization of clients; to understand and analyze usage trends; and to improve our products and services. Additionally, we have a legitimate interest in promoting our operations and goals as an organization and sending marketing communications for that purpose.
  • Legal Compliance: Where our processing is required to comply with applicable law (for example, to maintain your payment transaction history for tax reporting purposes) e.g., in response to subpoenas, court orders and other lawful requests by regulators, courts and law enforcement agencies, or related to national security requests.
  • Your Consent: When we have your express consent as defined by applicable law.

16. Additional Information for Canadian Residents

If you are a Canadian resident, in addition to those rights set forth in the “Your Choices and Access” section of the Privacy Notice above, you have the right to lodge a complaint with the Office of the Privacy Commissioner of Canada and/or the applicable Canadian provincial regulatory body if you believe that the collection and use of your personal information violates this Privacy Notice or applicable law.

17. Additional Information for Taiwan Residents

If you are a resident of Taiwan, in addition to those rights set forth in the “Your Choices and Access” section of the Privacy Notice above, you have the right to (subject to all applicable limitations and exemptions) request the cessation of the collection, processing or use of your personal information. You can make a request pursuant to such right under the “Exercise Your Rights” section of the Privacy Notice below.

Note, if you request the cessation of the collection, processing or use of your personal information, we will be unable to continue providing you with the Services or allowing you to access the Services. Further, if you make such a request, you may be unable to access or make further use of your account (if applicable).

18. Exercise Your Rights

If this Privacy Notice expressly stated above that you have certain rights or applicable law grants you certain rights as it relates to this Privacy Notice and Collected Information, you may submit a verifiable request to us by 

Telephone: 888-407-1611

Visiting: Data Subject Rights Request Form

Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. Without limiting the foregoing, the verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

We will respond to your request within the applicable timeframe required under applicable law. If we deny your request, you can appeal such denial by emailing us at support@topstep.com. 

19. Accuracy & Information Security

Personal information you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes should be accurate, complete, and up to date.

We have implemented reasonable and appropriate administrative, technical, physical, and organizational security measures designed to help protect against the unauthorized access, unauthorized disclosure, loss, theft, misuse, and alteration of information under our control. This includes implementing measures designed to limit access of employees to, and the use of, your personal information. We do not publish all of our security measures online because this may reduce the effectiveness of our security measures. We educate our employees with respect to their obligations to protect your Collected Information. However, Topstep does not and cannot guarantee that unauthorized access, unauthorized disclosure, loss, theft, misuse, and alteration of information will not occur. The storage and communication of information can never be completely secure.

If you become aware of any breach of the Services’ security or of this Privacy Notice, please notify us at dpo@topstep.com immediately. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.

20. Access by Children

The Services are not directed at children under 18 years of age. Topstep does not knowingly collect or use information from children under 18 through the Services. 

21. Third-Party Websites and Services

The Services may link to, or be linked to, websites, applications, or services not maintained or controlled by Topstep. Topstep not responsible for the privacy policies or practices of any third parties or any third-party websites, applications, or services. This Privacy Notice does not apply to any third-party websites, applications, or services or to any personal or other information that you may provide to third parties. You should read the privacy policy for each website, application, and service that you visit or use.

22. Contact Us

If you have any questions or concerns regarding this Privacy Notice, contact us by email at support@topstep.com or by mail at Topstep LLC, 141 West Jackson Boulevard, Suite 4240, Chicago, IL 60604.

You may also contact our Data Protection Officer as follows:

Email: dpo@topstep.com