Data Protection Policy

Data Protection Policy

 

INTRODUCTION

1.1          ABOUT THIS POLICY

This data protection policy sets out the basis as to how CWT Europe B.V. and its EU-based affiliated companies (together ‘CWT Commodities’) will make use of any personal data. Please read the following carefully to understand our views and practices regarding your personal data, and how we will treat it. This policy is written to comply with the applicable provisions under data protection law, including the new EU General Data Protection Regulation (‘EU-GDPR’) in force since May 25, 2018. Further information regarding the EU-GDPR can be found at EUGDPR.org.

1.2          DEFINITIONS

The following definitions should assist you in understanding this policy.

  • ‘we’, ‘us’, or ‘our’ means CWT Commodities;
  • ‘website’ means CWT Commodities Pte Ltd website, located at www.cwtcommodities.com;
  • ‘you’ means any person visiting our websites or any data subjects;
  • ‘personal data’ means any information about a person, any information that identifies a person or can be used to identify a person.

2       DATA PRIVACY CONTACTS

2.1          DATA PROTECTION OFFICER

You may also contact our Data Protection Officers:

in Belgium

  • name :   Jan de Bas
  • telephone :   +32 3 560 49 11
  • e-mail :   dpoANR@cwtcomm.com
  • address :   Berendrecht Complex, Kruisweg, Quay 650, 2040 ANTWERP, Belgium

in The Netherlands for the Amsterdam business:

  • name :   Dick Versteeg
  • telephone :   +31 20 585 38 30
  • e-mail :   dpoAMS@cwtcomm.com
  • address :   Accraweg 39, 1047 HJ  AMSTERDAM, The Netherlands

in The Netherlands for the Rotterdam business:

  • name :   Peter Breure
  • telephone :   +31 10 429 79 29
  • e-mail :   dpoRTM@cwtcomm.com
  • address :   Nieuwesluisweg 192, 3197 KV  ROTTERDAM, The Netherlands

in the United Kingdom:

  • name :   Jason Cross
  • telephone :   +44 1375 853 630
  • e-mail :   dpoTLB@cwtcomm.com
  • address :   CWT House, Tilbury Docks, Tilbury, ESSEX RM18 7EB, United Kingdom

2.2          DATA CONTROLLER

CWT Europe B.V. is the data controller for CWT Commodities.

  • telephone :   +31 20 585 38 30
  • e-mail :   dpo@CWTEUrope.com
  • address :   Accraweg 39, 1047 HJ  AMSTERDAM, The Netherlands

2.3          SCOPE

This policy covers the CWT Commodities Pte Ltd website in Singapore. Any other website, which may be linked to this website, may be subject to their own privacy policy, which may differ from ours and we are not responsible for the content provided on any third-party websites.

3       DATA PROCESSING

3.1          PURPOSES OF DATA PROCESSING

CWT Commodities is subject to a wide range of additional legal obligations. To comply with these obligations, we process your data to the required extent and, if necessary, submit it to the responsible authorities in accordance with legal reporting requirements.

In the context of the business, CWT Commodities may process personal data for the following purposes:

  • communication with business partners regarding products, services and projects of CWT Commodities or business partners, i.e., by responding to inquiries or requests;
  • planning, performing and managing the (contractual) relationship with business partners; e.g. by performing transactions and orders of products or services, processing payments, performing accounting, auditing, billing and collection activities, arranging shipments and deliveries, facilitating repairs and providing support services;
  • managing and responding to contact enquiries, whistleblowing messages and job applications; making use of the data from the contact forms on the website;
  • maintaining and protecting the security of our products, services and websites, preventing and detecting security threats, fraud or other criminal or malicious activities;
  • ensuring compliance with legal obligations (such as record keeping obligations), business partner compliance screening obligations (to prevent white-collar or money laundering crimes), and CWT Commodities policies or industry standards;
  • solving disputes, enforcing our contractual agreements and to establish, exercise or defend legal claims.

3.2          CATEGORIES OF PERSONAL DATA

For the aforementioned purposes, CWT Commodities may process the following categories of personal data:

  • contact information, such as full name, work address, work telephone number, work mobile telephone number, work fax number and work email address;
  • application documents, such as Curriculum Vitae, certifications, letters of motivation;
  • payment data, necessary for processing payments and fraud prevention, including credit/debit card numbers, security code numbers and other related billing information;
  • further information processed in a project or contractual relationship with CWT Commodities or voluntarily provided by the business partner contact, such as orders placed, payments made, requests, and project milestones;
  • information collected from publicly available resources, integrity databases and credit agencies; and,
  • if legally required for business partner compliance screenings: the information regarding relevant and significant litigation or other legal proceedings against business partners.

Unless indicated otherwise, the legal basis for the processing of personal data is as follows:

  • the processing is necessary for the performance of the contract (Article 6 (1) (b) GDPR);
  • the processing is necessary for the purposes of the legitimate interests pursued by CWT Commodities. The legitimate interest pursued by the processing is to continually maintain and monitor the performance of our website and to find ways to improve the website and services it offers (Article 6 (1) (f) GDPR);

or, if explicitly provided by business partner contacts:

  • the data subject has given its consent to the processing of his or her personal data (Article 6 (1) (a) GDPR).

3.3          STORE LOCATIONS AND TRANSFER OF PERSONAL DATA

CWT Commodities is a global company. Your personal data may be stored and processed in The Netherlands or any other country in which CWT Commodities or its associates and affiliates, maintain facilities. If necessary to meet the aforementioned purposes, your personal data will be forwarded to CWT Europe affiliated companies.

Your personal data may be transferred to, stored at, and may be processed outside the European Economic Area (‘EEA’). By indicating consent when submitting your personal data, you agree to this transfer, storing or processing.

If legally permitted to do so, CWT Commodities may transfer personal data to courts, law enforcement authorities, regulators, attorneys or insurers if necessary to comply with the law or for the establishment, exercise or defence of legal claims.

Should CWT Commodities need to transfer your personal data, CWT Commodities will take all reasonable measures to safeguard the transfer of your personal data to third parties in a manner that complies with the applicable provisions under the data protection laws, including the EU-GDPR.

We take your privacy seriously and we will never sell personal data or email addresses.

3.4          RETENTION PERIODS

We store your personal data for only as long as it is required for the intended purpose. If data has been processed for multiple purposes, it will be deleted, or only stored in a form that cannot be directly traced back to you, when it is no longer needed for the ultimate specified purpose.

3.5          DATA PROCESSING TO ENSURE DATA SECURITY

We also process personal data wherever there is a legal obligation to do so – i.e., where necessary to enable operation of IT systems, including the following activities:

  • backup and recovery of data processed in IT systems;
  • logging and monitoring of transactions to verify proper functioning of IT systems;
  • detection and prevention of unauthorised access to personal data;
  • incident and problem management for troubleshooting IT systems.

3.6          AUTOMATED DECISION-MAKING INCLUDING PROFILING

No automated individual decision-making and profiling takes place at CWT Commodities.

3.7          COOKIES

The websites of CWT Commodities Pte Ltd contain no cookies (exception: embedded google maps).

3.8          WEBSITE ANALYTICS

CWT Commodities does not use any third-party analytical services.

3.9          WEBSITE HOSTING

The websites of CWT Commodities Pte Ltd may be simultaneously hosted at numerous third-party locations around the world for performance purposes. Your visit to our websites may be redirected to a particular location according to numerous factors, such as your location (GeoIP).

4       YOUR RIGHTS

As the party affected by the processing of your data, you may claim certain rights under the EU-GDPR and other relevant data protection regulations. For future information about your rights, please consult EUGDPR.org. Under the EU-GDPR, you are entitled to claim the following specific rights vis-à-vis CWT Commodities as the data subject.

4.1          INDIVIDUAL RIGHTS UNDER THE EU-GDPR

4.1.1      THE RIGHT OF INFORMATION AND ACCESS (Article 15 EU-GDPR)

You have the right to request information from us at any time relating to the data we hold about you. This information includes, but is not limited to, the categories of data we process, the purposes for which it is processed, the source of the data if not collected directly from you, and, if applicable, the recipients with whom we have shared your data. You can obtain a copy of your data from us free of charge. If you require additional copies, we reserve the right to charge you for these copies.

4.1.2      THE RIGHT TO RECTIFICATION (Article 16 EU-GDPR)

You have the right to request that we rectify inaccurate data relating to you. We will take appropriate steps to keep the data we store and process on an ongoing basis accurate, complete and current, based on the most up-to-date information available.

4.1.3      THE RIGHT TO ERASURE (‘right to be forgotten’) (Article 17 EU-GDPR)

You have the right to request that we erase your data, as long as the legal requirements for this are satisfied. This may be the case under Article 17 EU-GDPR if:

  • the data is no longer required for the purposes for which it was collected or otherwise processed;
  • you withdraw the consent on which data processing is based, and there is no other legal basis for processing;
  • you lodge an objection to the processing of your data and there are no legitimate reasons for processing, or you object to data processing for direct marketing purposes;
  • the data have been processed unlawfully;
  • to ensure compliance with a legal obligation that requires us to process your data, especially with regards to statutory retention periods;
  • to establish, exercise or defend legal claims.

4.1.4      THE RIGHT TO RESTRICT PROCESSING (Article 18 EU-GDPR)

You have the right to restrict processing of your data if:

  • you dispute the data – in which case processing may be restricted during the time it takes to verify the accuracy of the data;
  • processing is unlawful, and you reject erasure of your data, requesting that its usage be restricted instead;
  • we no longer need your data, but you need it to establish, exercise or defend your rights;
  • you have lodged an objection to its processing, as long as it is not certain that our legitimate reasons outweigh yours.

4.1.5      THE RIGHT TO OBJECT (Article 19 EU-GDPR)

You have the right to object to the processing of your data at any time for reasons that arise from your particular situation, as long as data processing is based on your consent, on our legitimate interests or those of a third party. In this case, we will cease to process your data. This does not apply if we can show that there are compelling legitimate grounds for processing such data that outweigh your interests, or if we need your data for the establishment, exercise or defence of legal claims.

4.1.6      THE RIGHT TO DATA PORTABILITY (Article 20 EU-GDPR)

You have the right to request that we transfer your data – if technically possible – to another responsible party. However, you may only enforce this right if data processing is based on your consent or is necessary for the performance of a contract. Rather than receiving a copy of your data, you may also ask us to submit the data directly to another responsible party specified by you.

4.2          FURTHER INFORMATION ABOUT YOUR RIGHTS

4.2.1      RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY

CWT Commodities takes your concerns and rights seriously. However, if you believe that we have not responded in an appropriate manner to your complaints or concerns, you have the right to lodge a complaint with your local data protection authority.

4.2.2      TIME LIMITS FOR COMPLIANCE WITH THE RIGHTS OF THE DATA SUBJECT

We make every effort to comply with all requests within a calendar month. However, this period may be extended for reasons relating to the specific right or complexity of your request.

4.2.3      RESTRICTION OF INFORMATION FOR COMPLIANCE WITH THE RIGHT OF THE DATA SUBJECT

In certain situations, due to legal requirements, we may be unable to provide you with information with regards to all of your data. If we are unable to fulfil your request for information in such a case, we will notify you of the reasons.

4.2.4      THE RIGHT TO WITHDRAW CONSENT

You have the right to withdraw your declaration of consent for data processing. Your revoking of consent does not affect lawfulness of the processing that has taken place because of the consent up to the time of withdrawal.

5       APPLICABLE LAW AND FORUM

This Data Protection Policy of CWT Europe shall be governed by and construed in accordance with for:

CWT Europe BV, CWT Commodities (Amsterdam) BV, CWT Commodities Metals BV and/or CWT Commodities (Rotterdam) BV:

the laws of the Netherlands. Any legal action or proceeding arising out of or in connection with this data protection policy may solely be brought in the court in Amsterdam and the parties hereby irrevocably submit to the exclusive jurisdiction of such court in connection with any such legal action or proceedings.

CWT Commodities (UK) Ltd and/or CWT Commodities Properties (UK) Ltd:

the laws of England and Wales. Any legal action or proceeding arising out of or in connection with this data protection policy may solely be brought in the High Court in London and the parties hereby irrevocably submit to the exclusive jurisdiction of such court in connection with any such legal action or proceedings.

CWT Commodities (Antwerp) NV:

the Belgian laws. Any legal action or proceeding arising out of or in connection with this data protection policy may solely be brought in the court in Antwerp and the parties hereby irrevocably submit to the exclusive jurisdiction of such court in connection with any such legal action or proceedings.

 

 

 

 

© 2018 CWT Europe B.V.

}