Privacy Statement relating to Flow Traders’ business activities and website
This Privacy Statement from the Flow Traders group (Flow Traders), having its head office at Jacob Bontiusplaats 9, 1018LL Amsterdam, the Netherlands, shall describe the manner in which Flow Traders collects, controls, processes and transfers personal data about you. Please read the below carefully.
Personal data we collect
Flow Traders collects and processes personal data in order to carry out our business as a leading global technology-enabled liquidity provided. We only collect your personal data on the ground permitted by regulations and laws. Examples of personal data we may collect include:
- personal details (such as full name, nationality, gender, photograph and IP address);
- identification details (such as passport or identification card, photo ID, national identification number and social security number);
- contact information (such as phone number and postal address);
- information in order to comply with our regulatory obligations (such as know your counterparty information, due diligence checks and anti-money laundering checks);
- records of contact you have with us via phone calls, video calls, video conference calls and e-mail and video surveillance for the security of our buildings and systems; and
How do we collect your personal data?
The personal data we collect and process is directly provided by you or obtained from other third party sources. We may use personal data collected from third party sources, such as:
- regulatory authorities that contain your personal data;
- public sources such as newspapers and the internet; and
- data files from other parties that have collected personal data about you, such as Trade Registers and businesses who contact us regarding our business activities who may provide us with information that relates to you.
Purpose and lawfulness of processing
The processing of personal data by Flow Traders is being conducted for various legitimate business and compliance purposes, which are, but not limited to and may vary from time to time, as follows:
- in order to perform a contract:
For the purpose of entering into and performing contracts with the business you are related to we need and process certain personal data. We may collect your personal data if you are associated with one of those contracts. By way of example, you may be a contact person, shareholder, authorised signatory or ultimate beneficial owner of one of our counterparties. We process personal information for accessing and accepting counterparties, carrying out risk assessments, risk management, reporting and carrying out our business activity;
- in order to comply with our legal and regulatory obligations:
As a global liquidity provider, we form part of the financial sector. The financial sector is one of the most regulated industries. As such, we have to comply with many rules, both inside and outside the European Economic Area (“EEA”). This includes laws, regulations, rules from regulatory and supervisory authorities and self-regulatory organisations (such as exchanges) to record or use your personal data;
- for the purpose of legitimate interests of Flow Traders or third parties others:
This for example includes the legitimate interest:
- to adequately perform its business activities;
- to provide you with information as a shareholder of Flow Trader N.V.; and
- to adequately perform other activities supportive of or closely related to its business activities, including the prevention of fraud and, internal market research;
- to administer and analyze for statistical purposes;
- to establish, exercise or defend legal claims; and
- for purposes for which you have given consent to the processing of your personal data.
Flow Traders will not process special categories of personal data unless (i) you have explicitly consented to this, (ii) the processing is required by applicable law, or (iii) the processing is otherwise permitted under applicable law. These special categories of personal data may include data about a person’s criminal behavior, or unlawful or objectionable conduct connected with a ban imposed with regard to such conduct.
Any recipient of the personal data
As Flow Traders we may be required to provide your personal data to other parties. We may for example provide your personal data to supervisory or regulatory authorities (such as law enforcement agencies, government entities and regulatory bodies globally). As part of our day-to-day business operations, we may disclose your personal data to various service providers, financial institutions and indispensable parties in our operations and ecosystem (such as prime brokers, exchanges, lawyers, accountants and auditors). We may hire third party processors in order to process your personal data.
Transfers to third countries and safeguards
Your personal data may be transferred to and processed by Flow Traders entities outside the EEA (including the United States of America, Singapore and Hong Kong) for the purposes described in this Privacy Statement. Your personal data may be located in countries other than the country in which your personal data was originally collected. The laws in those countries may not provide the same level of data protection compared to the country in which you initially provided your data. It is therefore possible that the European Commission has not declared that those countries provide an adequate level of protection. Nonetheless, when Flow Traders transfers your personal data to recipients in other countries, including the United States of America, Singapore and Hong Kong, we will protect that information as described in this Privacy Statement and in compliance with the applicable data protection laws. If you are located in the European Economic Area (“EEA”) or Switzerland, we take measures to comply with applicable legal requirements and ensure adequate protection for the transfer of personal data to recipients in countries outside of the EEA or Switzerland. For more information regarding these measures you can contact our Data Protection Officer (see contact details below).
Flow Traders will retain your personal data for as long as necessary to achieve the purposes specified above, and in any case at least as long as required under applicable law. Your data will continue to exist in our databases for the period in which Flow Traders must use or is required to retain it (for example as applicable laws and regulations may specify minimum storage periods to which we have to adhere to), and then be archived or deleted, with specific timeframes determined by local laws and good business practice. In addition, Flow Traders may retain your personal data for scientific, historical and statistical purposes.
The existence of each of data subject’s rights
Under applicable data protection laws you may have rights, which may include the right to view your personal data that Flow Traders maintains, correct or delete inaccurate personal data, restrict the processing of your personal data, oppose against the processing of your personal data, receive your personal data and transmit your personal data to another controller, withdraw consent provided by you, and lodge a complaint with a supervisory authority.
Consequences in case of refusal to provide personal data
The provision of your personal data may be required pursuant to a statutory or contractual obligation, or may be necessary for the execution of a contract. In that respect you may be required to provide certain personal data to Flow Traders, and failure to do so may result in Flow Traders deciding not to enter into a contract with the business you are related to, or – if a contract has already been entered into – may have consequences for the contract between you or the business are related to for and Flow Traders.
Updates of this Privacy Statement
Changes to the law or our business activities may affect the way in which we use your personal data. For this reason, we may need to amend this privacy statement. The latest version of the privacy statement can be found on Flow Traders’ website.
If you wish to request access to your personal data or exercise data protection rights that you may have under applicable data protection laws, or have any other questions in regards to your personal data please contact our Data Protection Officer at firstname.lastname@example.org. Flow Traders shall respond to your request as soon as reasonably possible.