1. THIS POLICY

1.1. This Privacy Policy (“Policy”) is issued by E D & F Man Holdings Limited, identified as Controllers in the table in Section 13 below (together, the “Group”, “we”, “us” or “our”), and is addressed to individuals outside our organisation with whom we interact, including visitors to our websites (our “Sites”), customers, Personnel of corporate customers and vendors, and other recipients of our services (together, “you”). Defined terms used in this Policy are explained in Section 14 below.

1.2. This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law or regulation. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy. You acknowledge that your Personal Data will be Processed in accordance with this Policy.

This Policy was last updated [Dec 2022].

2. PROCESSING YOUR PERSONAL DATA

2.1. Collection of Personal Data: We collect Personal Data about you from a variety of sources, including as follows:

(A) when you provide it to us (for example, where you contact us via email or telephone, or by any other means);

(B) in the ordinary course of our relationship with you (for example, in the course of managing your transactions or during the on-boarding process);

(C) that you choose to make public, including via social media (for example, we may collect information from your social media profile(s), to the extent that you choose to make your profile publicly visible);

(D) from third parties who provide it to us (for example, your employer; our customers; credit reference agencies; and law enforcement and regulatory authorities);

(E) from third parties, where you purchase any of our products or services through such third parties;

(F) when you visit any of our Sites or use any features or resources available on or through a Site. When you visit a Site, your device and browser may automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information), some of which may constitute Personal Data.

2.2. Creation of Personal Data: We create Personal Data about you, such as records of your interactions with us, and details of your accounts, subject to applicable law and regulation.

2.3. Relevant Personal and Sensitive Personal Data: The categories of Personal Data about you that we may Process, subject to applicable law, include the following:

(A) personal details: given name(s); preferred name(s); nickname(s), gender; date of birth; age; marital status; Social Security or national insurance number; passport number(s); other government issued number(s) (tax identification number(s); driving licence number(s)); nationality; lifestyle and social circumstances; images of passports, driving licences and signatures; authentication data (passwords, mother’s maiden name, challenge/response questions and answers, PINs, facial and voice recognition data); photographs; visual images; and personal appearance and behaviour;

(B) family details: names and contact details of family members and dependents; contact details: address; telephone number; email address; and social media profile details;

(C) employment details: industry; role; business activities; names of current and former employers; work address; work telephone number; work email address; and work-related social media profile details;

(D) education history: details of your education and qualifications;

(E) financial details: billing address; bank account numbers; credit card numbers; cardholder or accountholder name and details; instruction records; transaction details; and counterparty details;

(F) views and opinions: any views and opinions that you choose to send to us, or publish about us (including on social media platforms); and

(G) Electronic Identifying Data: IP addresses; cookies, activity logs, online identifiers, unique device identifiers, and geolocation data (including as per 2.1(F) above).

2.4. Purposes for which we may Process your Personal Data (including, in certain cases, your Sensitive Personal Data): The purposes for which we may Process Personal Data (including, in certain cases, your Sensitive Personal Data), subject to applicable law are set out below. Where we are required under applicable data protection law to have a lawful basis to Process your Personal Data, we have set these out per purpose of Processing. Further details about the lawful basis we use are set out at Sections 2.5 and 2.6 below.

(A) AML/KYC: fulfilling our regulatory compliance obligations, including “Know Your Client” checks and confirming and verifying your identity (including by using credit reference agencies), screening against government, supranational bodies (including but not limited to the European Union, the Office of Foreign Assets Control and the United Nations Security Council) and/or law enforcement agency sanctions lists, internal sanctions lists and other legal restrictions

Lawful basis: Legal Obligations, Legitimate Interests (to enable us to perform our obligations). Where Sensitive Personal Data is Processed, we generally rely on Substantial Public Interest (prevention and detection of crime) or rarely, Explicit Consent.

(B) Client on-boarding: on-boarding new clients and compliance with our internal compliance requirements, policies and procedures

Lawful basis: Legitimate Interests (to enable us to perform our business). Where Sensitive Personal Data is Processed, we generally rely on Substantial Public Interest (prevention and detection of crime) or rarely, Explicit Consent.

(C) Credit worthiness: conducting credit reference checks and other financial due diligence

Lawful basis: Legal Obligations, Legitimate Interests (to enable us to perform our obligations). Where Sensitive Personal Data is Processed, we generally rely on Substantial Public Interest (prevention and detection of crime) or rarely, Explicit Consent.

(D) Provision of products and services to you: administering relationships and related services; performance of tasks necessary for the provision of the requested services: communicating with you in relation to those services

Lawful basis: Legitimate Interests (to enable us to perform our obligations).

(E) Marketing / Prospecting: communicating with you via any means (including via email, telephone, text message, social media, post or in person) subject to ensuring that such communications are provided to you in compliance with applicable law: and maintaining and updating your contact information where appropriate

Lawful basis: Legitimate Interests (to enable us to promote our business), unless consent is required under applicable data protection law.

(F) Operation of our Sites: operation and management of our Sites; providing content to you: displaying advertising and other information to you: and communicating and interacting with you via our Sites

Lawful basis: Legitimate Interests (to enable us to provide our Site).

(G) IT operations: management of our communications systems, operation of IT security/IT security audits

Lawful basis: Legitimate Interests (to enable us to perform our business), Legal Obligations.

(H) Health and safety: health and safety assessments and record keeping: and compliance with related legal obligations

Lawful basis: Legitimate Interests (to enable us to effectively manage our business), Legal Obligations.

(I) Financial management sales: finance; corporate audit; and vendor management

Lawful basis: Legitimate Interests (to enable us to effectively manage our business), Legal Obligations.

(J) Research, conducting market or customer satisfaction research: and engaging with you for the purposes of obtaining your views on our products and services

Lawful basis: Legitimate Interests (to enable us to improve our business).

(K) Security: physical security of our premises (including records of visits to our premises and CCTV recordings); and electronic security (including login records and access details, where you access our electronic systems)

Lawful basis: Legitimate Interests (to enable us to safeguard our business). Where Sensitive Personal Data is Processed, we generally rely on Substantial Public Interest (prevention and detection of crime) or Legal Claims.

(L) Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law

Lawful basis: Legal Obligations, Legitimate Interests (to enable us to protect our business). Where Sensitive Personal Data is Processed, we generally rely on Substantial Public Interest (prevention and detection of crime) or Legal Claims.

(M) Legal compliance: compliance with our legal and regulatory obligations under applicable law

Lawful basis: Legal Obligations.

(N) Legal proceedings: establishing, exercising and defending legal rights

Lawful basis: Legal Obligations. Where Sensitive Personal Data is Processed, we generally rely on Legal Claims.

(O) Improving our products and services: identifying issues with existing products and services: planning improvements to existing products and services; and creating new products and services

Lawful basis: Legitimate Interests (to enable us to improve our business).

(P) Risk Management Audit: compliance, controls and other risk management

Lawful basis: Legitimate Interests (to enable us to effectively manage our business), Legal Obligations.

2.5. The lawful basis on which we may perform Processing of your Personal Data: Further details about the lawful basis on which we may Process Personal Data referred to at Section 2.4 above, are set out below:

(A) Legitimate Interests: we have a legitimate interest in carrying out the Processing for the purpose of improving our products or services (to the extent that such legitimate interest is not overridden by your interests or fundamental rights and freedoms);

(B) Legal Obligations: the Processing is necessary for us to comply with our legal obligations; and / or

(C) Consent: we have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary, it is not used for Processing that is necessary or obligatory in any way).

2.6. The legal basis on which we may perform Processing of your Sensitive Personal Data: Further details about the legal basis on which we may Process Sensitive Personal Data referred to at Section 2.4 above, are set out below:

(A) Substantial Public Interest: Processing is necessary for reasons of substantial public interest and occurs on the basis of an applicable law that is proportionate to the aim pursued and provides for suitable and specific measures to safeguard your fundamental rights and interests; and/or

(B) Explicit Consent: we have, in accordance with applicable law, obtained your explicit consent prior to Processing your Sensitive Personal Data (as above, this legal basis is only used in relation to Processing that is voluntary- it is not used for Processing that is necessary or obligatory in any way).

3. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

3.1. We may disclose your Personal Data for the purposes and under the lawful basis set out at Section 2.4 above to other entities within the E D & F Man Group, and to:

(A) you and where appropriate, your family, your associates and your representatives;

(B) clients and customers of our businesses;

(C) credit reference agencies;

(D) anti-fraud services;

(E) Governmental, legal, regulatory, or similar authorities, ombudsmen, and central and/or local government agencies, upon request or where required, including for the purposes of reporting any actual or suspected breach of applicable law or regulation;

(F) accountants, auditors, financial advisors, lawyers and other outside professional advisors to the Group, subject to binding contractual obligations of confidentiality;

(G) debt-collection agencies and tracing agencies;

(H) data aggregation services;

(I) accreditation bodies;

(J) third party Processors (such as payment services providers; shipping companies; etc.) located anywhere in the world;. subject to the requirements noted below in this Section 3 and Section 4;

(K) any relevant party, claimant, complainant, enquirer, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights in accordance with applicable law;

(L) any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security in accordance with applicable law;

(M) any relevant third-party acquirer(s) (and applicable legal advisors) if we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganisation, dissolution or liquidation), or are involved in negotiations concerning any of the foregoing;

(N) the press and the media; and / or

(O) voluntary and charitable organisations.

3.2. Our Sites may use third party plugins or content. If you choose to interact with any such plugins or content, your Personal Data may be shared with the third-party provider of the relevant social media platform. We recommend that you review that third party’s privacy policy before interacting with its plugins or content.

4. INTERNATIONAL TRANSFER OF PERSONAL DATA

4.1. Due to the international nature of our business, we may need to transfer your Personal Data within the Group, and to third parties, as noted in Section 3 above, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements, including data protection laws of a lower standard to those that apply in the country in which you are located.

4.2. Where we transfer your Personal Data to other countries, we generally do so on the basis of:

(A) adequacy decisions;

(B) suitable Standard Contractual Clauses (e.g. where EU or UK data protection law applies, we generally use the EU Commission approved Standard Contractual Clauses); and / or

(C) other valid transfer mechanisms.

4.3. If you want to receive more information about the safeguards applied to international transfers of personal data, please use the contact details provided in Section 12 below.

5. DATA SECURITY

5.1. The Group takes commercially reasonable technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law and regulation.

5.2. You are responsible for ensuring that any Personal Data that you send to us is sent securely.

6. DATA RETENTION

6.1. The Group takes reasonable steps designed to ensure that your Personal Data is only Processed for the minimum period necessary for the purposes set out in this Policy. The criteria for determining the duration for which we will retain your Personal Data is as follows:

(A) we will retain copies of your Personal Data in a form that permits identification only for as long as:

(i) we maintain an ongoing relationship with you (for example, where you are a recipient of our services, or you are lawfully included in our mailing list and have not unsubscribed); or

(ii) your Personal Data is necessary in connection with the lawful purposes set out in this Policy, for which we have a valid legal basis (for example, where your Personal Data is included in a contract between you and the Group, and we have a legitimate interest in Processing the data for the purposes of operating our business and fulfilling our obligations under that contract; or where we have a legal or regulatory obligation to retain your Personal Data); and

(B) the duration of:

(i) any applicable limitation period under applicable law or regulation (for example, any period during which any person could bring a legal claim against the Group in connection with your Personal Data, or to which your Personal Data may be relevant); and

(ii) an additional three (3) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim); and

(C) if any relevant legal claims or regulatory investigations are applicable to your Personal Data, the Group may continue to Process your Personal Data for such additional periods as are necessary in connection with such claim or investigation.

6.2. Once the periods in paragraphs (A) – (C) above, each to the extent applicable, have concluded, we will either:

(A) permanently delete or destroy the relevant Personal Data;

(B) archive your Personal Data so that it is beyond use; or

(C) anonymise the relevant Personal Data.

7. YOUR LEGAL RIGHTS

7.1. Subject to applicable law, you have a number of rights regarding the Processing of your Personal Data. Please note that your exercise of these rights is subject to certain exemptions. These rights may, subject to applicable law, include the right to:

(A) request access to, or copies of, your Personal Data that we Process or control, together with information regarding the nature, Processing and disclosure of those Personal Data;

(B) request rectification of any inaccuracies in your Personal Data that we Process or control;

(C) request erasure of your Personal Data that we Process or control;

(D) request restriction of Processing of your Personal Data that we Process or control;

(E) request to not be subject to automated decision-making, including profiling;

(F) request to have your Personal Data that we Process or control transferred to another Controller in a structured, commonly used and machine readable format, to the extent applicable;

(G) withdraw your consent (where we Process your Personal Data on the basis of your consent);

7.2. Subject to applicable law, you may also have the following additional rights regarding the Processing of your Personal Data:

(A) the right to object, on grounds relating to your particular situation, to the Processing of your Personal Data by us or on our behalf; and

(B) the right to object to the Processing of your Personal Data by us or on our behalf for direct marketing purposes.

7.3. To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or our Processing of your Personal Data, please use the contact details provided in Section 12 below. You also have the right to lodge a complaint with your applicable Data Protection Authority.

8. COOKIES AND SIMILAR TRACKING TECHNOLOGIES

A cookie is a small file that is placed on your device when you visit a website (including our Sites) which records information about your device, your browser and, in some cases, your preferences and browsing habits. The Group may Process your Personal Data through cookies and similar tracking technology, in accordance with our Cookie Policy.

9. DIRECT MARKETING

9.1. The Group may Process your Personal Data to contact you, primarily by mail and email and on occasion by telephone, so that we can provide you with information concerning products and services that may be of interest, provided that we have first obtained your consent, to the extent required by, and in accordance with, applicable law and regulation.

9.2. If you do not wish to receive marketing communications from us you can unsubscribe at any time by contacting your usual contact within the Group. After you unsubscribe, we will not send you further promotional emails, but we may continue to contact you with service related communications to the extent necessary for the purposes of any services you have requested.

10. CONTACT DETAILS

If you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data by the Group, please contact your regular Group contact or dataprotection@edfman.com.

11. DEFINED TERMS

  • Controller: The entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
  • Company Data: Any type of information created, received, or transmitted in the transaction of Company business, including Personal Data, regardless of physical format.

  • Customers or Clients: Parties with whom the Group enters into contractual arrangements, whether as a provider or recipient of products or services.

  • Data Breach: A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Company Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect Company Data.

  • Data Protection Authority: An independent public authority that is tasked with overseeing compliance with applicable data protection laws.

  • Data Manager: The appointed individual responsible for each Controller.

  • Data Subject: A living, identified or identifiable individual about whom we hold Personal Data.

  • E D & F Man Group or the Group: All direct and indirect subsidiaries of E D & F Man Holdings Limited.

  • Personal Data: Information in any format from which a Data Subject can be (directly or indirectly) identified. Personal Data includes both factual Information and statement of opinion relating to a Data Subject.

  • Process, Processed or Processing: Any activity that involves the use of Personal Data whether or not by automated means. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including consulting, organising, amending, retrieving, using, disclosing, aligning or combining, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.

  • Processor: Any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).

  • Sensitive Personal Data: Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, genetic and biometric information, and any other information that may be deemed to be sensitive under applicable law or regulation.

  • Personnel: All current, former and prospective directors, officers, consultants, employees, temporary staff, individual contractors, interns, secondees and other personnel.