last update: 16 December 2020
(A) relating to Flow Traders’ business activities and website
(for job applicants please see below under (B))
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 of the 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:
- To sustain the application process and the organizational management using the following personal data:
- contact information such as full name, email address, phone number, postal address, passport or identification card, resume/CV, cover letter, position of interest, employee referral or other sources, educational institution, degree and discipline, personal internet addresses, assessment results (if applicable), compensation, department, job characteristics,
- To sustain the personnel administration using the following personal data:
- full name, email address, phone number, postal address, date of birth, gender (consistent with applicable data protection laws and with consent where required), type of employment contract, payment structure (e.g., hourly or salaried), nationality (consistent with applicable data protection laws and with consent where required), expat status, and full-time or part-time status;
- To administer employee relations and talent management using the following personal data:
- full name, employee ID, start date, location, department, full-time or part-time status, gender (if permitted by applicable data protection laws and with consent where required), performance rating and licenses or certifications required to hold the position ;
- To be able to provide technical support;
- To facilitate the management of an employee’s employment by providing limited access of his/her personal data to his/her manager;
- To fulfill governmental requirements using personal data such as tax information, social security information and other information required by law;
- To monitor and enforce Flow Traders’ policies and procedures, including but not limited to compliance with legal requirements and obligations, such as ethics, health and safety, security and intellectual property rights;
- To administer and analyze for statistical purposes; and
- To establish, exercise or defend legal claims.
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.
Lawfulness of the processing
Flow Traders may process your personal data on one or more of, but not limited to, the following legal bases:
- You have given consent to the processing of your personal data for one or more of the purposes mentioned in this Privacy Statement;
- Processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract;
- Processing is necessary for compliance with a legal obligation to which Flow Traders is subject;
- Processing is necessary for the purposes of the legitimate interests pursued by Flow Traders or by a third party, if and in so far permitted under applicable law, including the legitimate interests that Flow Traders has:
- To adequately perform its business activities;
- To adequately perform other activities supportive of or closely related to its business activities, including the prevention of fraud and, internal market research;
in which respect it is required, inter alia, as described under the Purpose of the processing, to sustain an application process, organizational management, and personnel administration, to administer employee relations and talent management, to provide technical support, to facilitate the management of an employee’s employment, to fulfill governmental requirements, to monitor and enforce Flow Traders’ policies and procedures, and to establish, exercise or defend legal claims.
Any recipient of the personal data
Your personal data will be stored in databases used by the recruitment and human resources department for the purposes mentioned above. Flow Traders may hire third party processors in order to process your personal data. Access to your personal data is strictly controlled through an extensive security system in our network. Access to our database is limited to explicit human resources professionals, managers/heads, certain persons from the legal and/or compliance department(s) and will only be shared with other personnel or agents on a “need to know basis” for the purposes as set out above.
Transfers to third countries and safeguard
Your personal data will be stored in databases used by the human resources department, which are part of Flow Traders’ global human resources information management system (“HRIS”). Although HRIS is the primary system of record for personal data about employees, it is not the only system or tool used. Departments or managers may also use manual files, spreadsheets, access databases, and the like, to manage and store personal data. However, the primary system of record remains the HRIS. 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 it (for example, to prepare government tax statements), and then be archived or deleted, with specific timeframes determined by local laws and good business practice. In accordance with the applicable law, if you are not hired, Flow Traders shall retain your personal data for as long as necessary and allowed under the applicable laws. 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 you, or – if a contract has already been entered into – may have consequences for the contract between you and Flow Traders.
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 email@example.com. Flow Traders shall respond to your request as soon as reasonably possible.