Version No. 3 dated August 1st, 2020

1. SCOPE OF THE POLICY

This policy explains what you can expect from us and what we need from you in relation to your personal data when cooperating with ARDEVUR Commodities Holding Ltd (hereby identified as “ARDEVUR”) on a material exchange or service basis and using our website www.ardevur.com or the digital platform ARDEVUR Commodities Marketplace www.ardevur.com/marketplace. Please read this carefully as this policy is legally binding when you use our services. This information is updated and always available at www.ardevur.com/privacy.

2. SUBJECT OF DATA PROTECTION

Your personal data is subject matter of data protection are your personal data, according to Art. 4(1) GDPR “any information relating to an identified or identifiable natural person”.

3. RESPONSIBLE PARTY AND CONTACT INFORMATION

The data controller responsible for your data is ARDEVUR Commodities Holding Ltd, located at 1 Floor, 2 Falzun Street, Birkirkara BKR 1441, Malta, VAT No. MT26346516. If you have any questions comments or requests regarding data protection or if you want to exercise your rights, please do not hesitate to contact us via email privacy@ardevur.com or phone +356 7940 2771.

4. CONTENT OF THE COLLECTED INFORMATION

We may collect and use the following data about you: (a) Information you give us: You may give us your information (such as your name or your email address) when you start the communication, underwrite business with us and sign up to use our digital platform. This may also include information you provide through your continued use of our services through our website. The information you give us may include your personal and business name, address, e-mail address, phone number, bank account details, geographical location, business license, identity document, social security number, personal description and photograph. In providing the personal data of any individual other than yourself to us during your use of our services, you promise that you have obtained consent from such individual to disclose his/her personal data to us, as well his/her consent to our collection, use and disclosure of such personal data, for the purposes set out within this policy. (b) Information we collect automatically: When accessing our website, your device automatically transmits data for technical reasons. The following data is stored separately from other data that you may transmit to us: date and time of accessing our website, IP-address, browser type and version, operating system and device. We only store these data for the technical administration and the security of the website. The data is deleted after 7 days, provided that there is no legitimate reason to suspect illegal use based on concrete indications. Apart from that, the data is not matched to a specific person. The respective processing is necessary for the purposes of our legitimate interests in a secure website, 6(1) (f) GDPR. We have integrated services and content provided by third parties into our website. In order to retrieve these services and contents, a transmission of your IP is to the relevant third-party provider is usually required. We use the service Google Analytics, which is provided by Google LLC, 1600 Amphitheatre Pkwy Mountain View, California 94043, USA. Google is certified under the EU-U.S. We also use the service YouTube, which is provided by YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA. Being a subsidiary of Google YouTube LLC is also certified under the EU-U.S. Further information can be found in Google’s privacy policy: www.google.com/policies/privacy. You can disable Google Analytics using a browser add-on if you do not want the website analysis to take place. Any relevant data processing is necessary for the purposes of the legitimate interests in optimizing and operating our services and our website in an efficient way, according to Art. 6(1)(f) GDPR. (c) Information we receive from other sources: Third business partners may provide us with your details as a referral; advertising networks, analytics providers and search information providers may provide us with pseudonymised information about you, such as confirming how you found our website.

5. ARDEVUR MARKETPLACE WEBSITE

The process of joining ARDEVUR Marketplace comes with the provision and verification of personal data through our registration form. Providing your personal data is voluntary and mandatory, and your subscription request must be approved before you are allowed access to the website’s user area, Art. 6(1)(b) GDPR. The use of the ARDEVUR Markeplace website is regulated by the “Website User Conditions” section under ARDEVUR‘s General Terms and Conditions. Once you have become an approved user of the ARDEVUR Marketplace website, you can use the platform to list your offers and requests anonymously. All the personal data you submit by filling out our forms is exclusively accessible to the website administrators and to no other users, no confidential data shall thus ever be shared unless specifically necessary to the conclusion and execution of a deal and previously agreed with all the parties.

6. COOKIES

Our Services use cookies to distinguish you from other users. This helps us to improve user experience. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

7. NEWSLETTER

ARDEVUR provides news, updates and relevant information via a newsletter, which can be subscribed through the ARDEVUR Marketplace website. You can unsubscribe from the newsletter at any time. In this case, your personal data will be collected and processed in order to be able to offer you the newsletter as you subscribed to it, Art. 6(1)(b) GDPR. In addition, we will store information about your newsletter registration and confirmation in order to comply with our legal obligation to demonstrate that you have subscribed to our newsletter, Art. 6(1)(c) GDPR. In order to provide our newsletter we use the service MailChimp, which is operated by The Rocket Science Group LLC, Georgia, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, Georgia 30308, USA ('MailChimp'). MailChimp is certified under the EU-U.S. Privacy Shield and thus provides an adequate level of protection according to Art. 45 GDPR. Data is transmitted to processors based on Art. 28(1) GDPR, alternatively on the basis of our legitimate interest in the economic and technical advantages associated with the use of specialised contract processors, Art. 6(1)(f) GDPR.

8. SOCIAL MEDIA

In addition to this website, we operate several social media pages such as LinkedIn and YouTube. If you interact with our social media pages, we process certain personal data, e.g. if you leave comment, like or share a post. We will also process your personal data in order to deal with any inquiry or message you send us via the respective network. We process these data to deal with your inquiry, Art. 6(1)(b) GDPR, as well as to pursue our legitimate interest in operating social media pages, Art. 6(1)(f) GDPR. Furthermore, we may process information you made public on these social media networks, if this is necessary for legitimate interests pursued by us (e.g. economic interests), Art. 6(1)(f) GDPR. In addition, the operators of the respective social media networks will process your personal data when you visit and/or interact with our social media pages according to their respective privacy policies. 

9. DATA PROTECTION

We are serious about guarding the security of your personal information and use a secure server to store your personal information. All information you provide to us is stored on our secure servers. As you will know, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data during transmission, and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We restrict access of your personal information to those employees of ARDEVUR who have a business reason for knowing such information. We continuously educate and train our employees about the importance of confidentiality and privacy of customer information. We maintain physical, electronic and procedural safeguards that comply with the relevant laws and regulations to protect your personal information from unauthorised access.

10. DATA USE AND DISCLOSURE

We may use your information in the following ways: (a) to carry out our obligations relating to your contract with us and to provide you with the information, products and services (b) to comply with any applicable legal and/or regulatory requirements (c) to notify you about changes to our services (d) as part of our efforts to keep our services safe and reliable (e) to improve our Services and to ensure that they are presented in the most effective manner (f) to allow you to participate in interactive features of our Services, when you choose to do so (g) to measure or understand the effectiveness of advertising we serve and to deliver relevant and targeted advertising about our services to you (h) to allow you the opening of new business relationships with third parties and the realisation of transactions with new accounts. We may use some instances of your data in order customise our Services and the information we provide to you and to address your needs, such as your country and the products of interest you select from the list on our website. For example, if you select a certain product category, we may use this information to inform you about a new business opportunity with a dedicated update. When we do this, we take all necessary measures to ensure that your privacy and security are protected, using only pseudonymised data wherever possible. We may share your information with selected third parties including: our group entities and subsidiaries, affiliates, business partners, suppliers and sub-contractors with the sole purpose of performance and execution of any contract we enter into with them or you. We may disclose your personal information to third parties: when closing or upon closing a business deal with a party that shall act as the buyer, seller, broker or service provider across said deal or on a long term basis; if we are under a duty to disclose or share your personal data in order to comply with any legal obligation imposed in our jurisdiction or in order to enforce or apply our contract and any other applicable agreements; to protect the rights, property, or safety of ARDEVUR, our customers, or any other affected parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and risk reduction; to assist us in conducting or co-operating in investigations of fraud or other illegal activity where we believe it is reasonable and appropriate to do so; to prevent and detect fraud or crime; in response to a subpoena, warrant, court order, or as otherwise required by law; to assess financial and insurance risks; to recover debt or in relation to your insolvency; to develop customer relationships, services and systems. We do not have a published list of all of the third parties with whom we share your data with, as this depends on your specific use of our services. However, if you would like further information about who we have shared your data with, or to be provided with a list specific to you, you can request this in writing to the provided email contact.

11. DATA RETENTION AND TRANSFER TO THIRD PARTIES

We are legally obliged to provide information to certain public authorities upon request. These are law enforcement authorities, authorities that prosecute fined administrative offences and the tax authorities. The transfer of this data is justified by our legitimate interest in combating abuse, prosecuting criminal offences and securing, asserting and enforcing legal claims, Art. 6(1)(f) GDPR. For the realisation of certain deals, we may assign the service performance to a third trusted business party. In such cases, your business data will be transferred to these business partners in order to enable them to process the transaction according to our instructions. Each business partner is carefully selected and reviewed by us to ensure that your safety and privacy are protected. Third parties may only use the data for the purposes specified by us and are also contractually obligated to treat your data in accordance with this privacy policy and applicable data protection laws.

12. PLACE OF DATA RETENTION

The data that we collect from you shall not be stored at any destination outside the European Economic Area, though it may be processed by staff operating outside the EEA who work inside our organisation or for one of our business partners. By submitting your personal data, you agree to any above-mentioned transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

13. DATA DELETION

We delete or anonymise your personal data as soon as they are no longer required for the purposes for which we have collected or processed the respective personal data in accordance with this policy. If we are obliged to further retain personal for legal reasons (e.g. applicable tax law retention periods), it will be restricted in its processing. The data is then no longer available for other use.

14. RIGHTS AS DATA SUBJECT

As a data subject, you can excercise the following rights by contacting us through the above mentioned channels: (a) Right of access: You have the right to request information from us at any time about the personal data we have processed concerning you within the scope of Art. 15 GDPR. (b) Right to rectification of inaccurate data: According to Art. 16 GDRP you have the right to have us correct any personal data concerning you immediately if it is inaccurate. (c) Right to erasure: You have the right to have us delete personal data concerning you under the conditions described in Art. 17 GDPR. (d) Right to restriction of processing: You have the right to have us restrict processing of your personal data in accordance with Art. 18 GDPR. (e) Right to data portability: You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format in accordance with Art. 20 GDPR. (f) Right to object: You have the right to object on grounds relating to your particular situation at any time to processing of your personal data which is based, inter alia, on Art. 6(1)(e) or (f), according to Art. 21 GDPR. We will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. (g) Data processing when exercising your rights: When you exercise your rights, we only use the personal data provided by you in order to process your request and for accountability purposes. These processing activities rely on the legal basis of Art. 6(1)(c) GDPR.

15. CHANGES OF PURPOSE

Your personal data will only be processed for purposes other than those described if permitted by law or if you have consented to the changed purpose. In the event of further processing for purposes other than those for which the data was originally collected, we will inform you of these other purposes before further processing and provide you with all other relevant information.

16. POLICY AMENDMENTS

The current version of this privacy policy is available at all times at www.ardevur.com/privacy. Any changes shall be posted on this page and, where appropriate, notified to you via e-mail.

For requests regarding data protection or to exercise your rights, contact privacy@ardevur.com or +356 7940 2771.