Privacy Policy

Privacy Policy


Online Privacy Policy

YOUR CONSENT

By accessing or using this Site, you consent to the collection, use, and disclosure of your Personal Information as set forth in this Privacy Policy.

IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY, PLEASE EXIT AND DO NOT USE THIS SITE.

WHERE YOU HAVE THE RIGHT UNDER APPLICABLE LAW, SUCH AS IN THE UNITED KINGDOM, THE EEA, OR BRAZIL, YOU MAY ALSO WITHDRAW YOUR CONSENT AT ANY TIME BY CONTACTING US. PLEASE NOTE THAT IN THE EVENT THAT YOU WITHDRAW YOUR CONSENT, WE MAY STILL BE REQUIRED OR PERMITTED BY LAW TO COLLECT, USE AND DISCLOSE SOME OR ALL OF YOUR PERSONAL INFORMATION.

For more information on how Engelhart protects personal data, please take a few minutes to review this Privacy Policy.

WHY DOES ENGELHART PROCESS MY PERSONAL DATA?

All your personal information is collected to facilitate your business with us. We collect the personal information you share with us when you contact or interact with us for employment, engage in transactions, or contact or interact with us through our products or contact channels. This Policy describes how these data are collected, used, transferred, and stored.

If you still have any questions after reading this Policy, feel free to contact us by email at ol-ectp-dataprotection@ectp.com. Furthermore, if you are a resident of Brazil, please get in touch with ol-privacidade@ectp.com.

HOW DOES ENGELHART COLLECT YOUR PERSONAL DATA, AND WHAT DATA ARE COLLECTED?

The Personal Data that ENGELHART collects and how it collects the data will differ depending on your relationship with us and your objectives. The following describes the types of data we collect how and why it is collected and processed. If you have any questions regarding the table, please feel free to contact us by email at ol-ectp-dataprotection@ectp.com. If you are a resident of Brazil, please get in touch with ol-privacidade@ectp.com.

END USER DATA:

We collect personal data in three ways:

  1. Personal data that you give to us:
    • Where you contact us proactively, usually by phone or email; and/or
    • Where we contact you, either by phone or email,
  2. Personal data that we receive from other sources:
    • In limited circumstances, ENGELHART needs to know certain information about you in order to comply with its legal and regulatory obligations.
    • Where appropriate and in accordance with any local laws and requirements, we may seek more information about you or your organisation from other sources generally by way of due diligence or other market intelligence including:
      • From third party market research and by analysing online and offline media (which we may do ourselves, or employ other organisations to do for us); and
      • From other limited sources and third parties.
  3. Personal data that we collect automatically:
    • To the extent that you access our website, read, or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may collect your data automatically or through you providing it to us. 

SUPPLIER DATA

We collect personal data in three ways:

  1. Personal data that we receive directly from you;
    • Where you contact us proactively, usually by phone or email; and/or
    • Where we contact you, either by phone or email.
  2. Personal data that we receive from other sources;
    • Where appropriate and in accordance with any local laws and requirements, we may seek more information about you or your organisation from other sources generally by way of due diligence or other market intelligence including:
      • From third party market research and by analysing online and offline media (which we may do ourselves, or employ other organisations to do for us); and
      • From other limited sources and third parties.
  3. Personal data that we collect automatically.
    • To the extent that you access our website, read, or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may collect your data automatically or through you providing it to us. .

COUNTERPARTIES AND COMMODITIES PRODUCERS DATA:

We collect personal data in three primary ways:

  1. Personal data that you give to us;
    • Where you contact us proactively, usually by phone or email; and/or
    • Where we contact you, either by phone or email,
  2. Personal data that we receive from other sources;                                                            
    • ENGELHART needs to know certain information about you in order to comply with its legal and regulatory obligations.
    • Where appropriate, and in accordance with any local laws and requirements, we will be provided with such information about you from your organisation.
    • Where appropriate and in accordance with any local laws and requirements, we may also seek more information about you or your organisation from other sources generally by way of due diligence or other market intelligence including:
      • From third party market research and by analysing online and offline media (which we may do ourselves, or employ other organisations to do for us); and
      • From other limited sources and third parties.
  3. Personal data that we collect automatically:
    • To the extent that you access our website, read, or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may collect your data automatically or through you providing it to us. 

JOB APPLICANT DATA:

We collect personal data in three primary ways:

  1. Personal data that you give to us;
    • ENGELHART needs to know certain information about you in order to engage in a recruitment exercise and appoint the best applicants to ENGELHART.
    • There are numerous ways you can share your information with us. It all depends on what suits you. These may include:
      • Entering your details on an application form and supplying that to ENGELHART;
      • Leaving a hard copy CV at a ENGELHART office; or
      • Emailing your CV to an ENGELHART employee such as HR.
  2. Personal data we receive from other sources
    • We also receive personal data about job applicants from other sources. Depending on the relevant circumstances and applicable local laws and requirements, these may include personal data received in the following situations:
      • Your referees may disclose personal information about you.
      • We may obtain information about you from searching for potential applicants from third party sources, such as LinkedIn and other job sites.
      • If you ‘like’ our page on Facebook or ‘follow’ us on Twitter we will receive your personal information from those sites; and
      • If you were referred to us through a recruitment agency, they may share personal information about you with us.
  3. Personal data we collect automatically.
    • To the extent that you access our website, read, or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may collect your data automatically or through you providing it to us. 

WEBSITE USERS:

When you visit our website there is certain information that we may automatically collect, whether or not you decide to use our services. This includes your IP address, the date and the times and frequency with which you access the website and the way you browse its content. We will also collect data from you when you contact us via the website, for example by using the chat function.

We collect your data automatically via cookies, in line with cookie settings in your browser. If you would like to find out more about cookies, including how we use them and what choices are available to you, please see below.

WHAT ARE COOKIES, AND HOW DOES ENGELHART MAKE USE OF THEM?

Cookies are small text files stored in your browser or device that allow us to identify your preferences and adapt our website to your specific needs. Cookies usually have an expiration date. Some cookies are automatically deleted when you close the browser (so-called session cookies), while others may be stored for longer periods in the computer until they are manually deleted (known as persistent cookies).

ENGELHART uses the following types of cookies:

  • Strictly necessary cookies: These cookies are essential to enable you to use the site effectively and therefore cannot be turned off. Without these cookies, the services available to you on our site cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
  • Performance cookies: These cookies enable us to monitor and improve the performance of our site. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.
  • Functionality cookies: These cookies allow our website to remember choices you make (such as your language or the region you are in) and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. These cookies can also be used to remember changes you have made to text size, font and other parts of web pages that you can customise. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
  • Personalisation cookies: These cookies help us to advertise details of potential job opportunities that we think may be of interest. These cookies are persistent (for as long as you are registered with us) and mean that when you log in or return to the website, you may see advertising for jobs that are similar to jobs that you have previously browsed

It is important to clarify that ENGELHART is not responsible for the use of cookies by third parties. Watch out for cookies placed by third parties, which may eventually continue to monitor your activities online even after you have left our website, in which case it is recommended that you manually delete them.

In case you wish to remove the cookies installed in your computer, you may do so manually through the settings available in your browser as per the Google Chrome, Mozilla Firefox, Microsoft Edge, or Safari instructions, for example. Notice, however, that some of the website’s features may no longer be available after deleting certain cookies.

HOW DO WE USE YOUR PERSONAL DATA?

Having obtained data about you, we then make sure we use it appropriately and as necessary for our legitimate interests.

END USER DATA:

  • We use your personal data for:
    • Trading Activities;
    • Marketing Activities; and
    • To help us to establish, exercise or defend legal claims.

Trading Activities

  • Below are the various ways in which we use your data in order to ensure the smooth running of our agreements and dealings with you.
    • Processing your data in order to carry out anti-money laundering and “Know Your Customer” checks in accordance with our legal and regulatory obligations;
    • Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to our relevant activities;
    • Keeping records of our conversations and meetings, so that we can provide targeted services to you and in order to comply with our legal and regulatory obligations; and
    • Undertaking customer satisfaction surveys.
  • We may use your personal data for these purposes if we deem this necessary for our legitimate interests.
  • If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this here.

Marketing Activities

  • We may periodically send you information that we think you may find interesting. In particular, we may wish to use your data for the purposes listed below, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive.
  • To:
    • enable us to develop and market other products and services; and
    • send you details of reports, promotions, offers, networking and events, and general information about the industry sectors which we think might be of interest to you;

We need your consent for some aspects of these activities which are not covered by our legitimate interests (in particular, the collection of data via cookies, and the delivery of direct marketing to you through digital channels) and, depending on the situation, we will ask for this via an opt-in or soft-opt-in (which we explain further below).

  • Soft opt-in consent is a specific type of consent, which applies where you have previously engaged with us, and we are marketing other related services. Under ‘soft opt-in’ consent, we will take your consent as given unless or until you opt out. For other types of e-marketing, we are required to obtain your explicit consent.
  • If you are not happy about our approach to marketing, you have the right to withdraw your consent at any time
  • If you are not happy about this, you have the right to opt out of receiving marketing materials from us.
  • Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding marketing activities. 

To help us to establish, exercise or defend legal claims

  • In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims.

SUPPLIER DATA:

  • We will use your information:
    • To store (and update when necessary) your details on our database, so that we can contact you in relation to our agreements or our dealings with you;
    • To offer services to you or to obtain support and services from you;
    • To perform certain legal and regulatory obligations, such as carrying out anti-money laundering and “Know Your Customer” checks;
    • Facilitating our payroll and invoicing processes;
    • To help us to target appropriate marketing campaigns; and
    • In more unusual circumstances, to help us to establish, exercise or defend legal claims.
  • We may use your personal data for these purposes if we deem this necessary for our legitimate interests. 
  • We will not, as a matter of course, seek your consent when sending marketing messages to a corporate postal or email address.
  • If you are not happy about this, in certain circumstances you have the right to object.
  • Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements.

COUNTERPARTIES AND COMMODITIES PRODUCERS:

  • We use your information in the following ways:
    • Storing (and updating when necessary) your details on our database, so that relevant ENGELHART Staff can contact you;
    • To offer services to you or to obtain support, goods and services from you;
    • To perform certain legal and regulatory obligations;
    • To carry out research for the purpose of producing analysis and materials for both internal and external use; and
    • Monitoring and storing records of calls and communications with ENGELHART Staff;
    • Recording appropriate details of the transactions we have undertaken with you and disclosing the same to relevant regulatory authorities if required; and
    • In more unusual circumstances, processing in order to help us to establish, exercise or defend legal claims.
  • We may use your personal data for these purposes if we deem this necessary for our legitimate interests. I
  • We may use your personal data in order to comply with our legal and regulatory obligations.

JOB APPLICANT DATA:

  • We generally use job applicant data in the following ways:
    • Recruitment Activities;
    • Equal Opportunities Monitoring; and
    • To help us to establish, exercise or defend legal claims.

Recruitment Activities

  • We have listed below various ways in which we may use your personal data for this purpose, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive.
    • Collecting your data from you and other sources, such as LinkedIn;
    • Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to recruitment;
    • To facilitate the recruitment process;
    • Assessing data about you against vacancies which we think may be suitable for you;
    • Enabling you to submit your CV;
    • Carrying out our obligations arising from any contracts entered into between us;
    • Carrying out our obligations arising from any contracts entered into between ENGELHART and third parties in relation to your recruitment;
    • Facilitating our payroll and invoicing processes;
    • Carrying out satisfaction surveys;
    • Verifying details you have provided, using third party resources (such as psychometric evaluations or skills tests), or to request information (such as references, qualifications and potentially any criminal convictions, to the extent that this is appropriate and in accordance with local laws); and
    • Complying with our legal obligations in connection with the detection of crime or the collection of taxes or duties.
    • We may use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests.  If you are not happy about this, in certain circumstances you have the right to object 

Equal Opportunities Monitoring:

  • We are committed to ensuring that our recruitment processes are aligned with our approach to equal opportunities. Some of the data we may (in appropriate circumstances and in accordance with local law and requirements) collect about you comes under the umbrella of “diversity information”. This could be information about your ethnic background, gender, disability, age, sexual orientation, religion or other similar beliefs, and/or social-economic background. Where appropriate and in accordance with local laws and requirements, we will use this information on an anonymised basis to monitor our compliance with our equal opportunities policy.
  • This information is ‘sensitive’ personal data. We therefore need to obtain your explicit consent before we can collect it. We will ask for your consent by offering you an opt-in. This means that you have to explicitly, and clearly tell us that you agree to us collecting and using this information.
  • We may collect other Sensitive Personal Data about you, such as health-related information, religious affiliation, or details of any criminal convictions if this is appropriate in accordance with local laws and is required for a role that you are interested in applying for. We will never do this without your explicit consent.
  • If you are not happy about this, you have the right to withdraw your consent at any time.

            To help us to establish, exercise or defend legal claims

  • In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims.

PEOPLE WHOSE DATA WE RECEIVE FROM JOB APPLICANTS AND STAFF, SUCH AS REFEREES, EMERGENCY CONTACTS AND DEPENDENTS:

  • We will only use the information about you for the following purposes:
    • If a Job Applicant or Staff member put you down on our form as an emergency contact, we’ll contact you in the case of an accident or emergency affecting them; or
    • If you were put down by a Job Applicant as a referee, we will contact you in order to take up a reference; or
    • If you put down by a Staff member as a next of kin or dependent, we will store your personal data to ensure the personnel records of the Staff member are correct and disclose your information to the relevant benefits provider. We may also process your personal data (including Sensitive Personal Data) to allow the Staff member to exercise certain employment rights.
  • We may use your personal data for these purposes if we deem this necessary for our legitimate interests.
  • If you are not happy about this, you have the right to object.

WEBSITE USERS:

  • We use your data to help us to improve your experience of using our website, for example by analysing your recent job search criteria to help us to present jobs to you that we think you’ll be interested in.
  • If you would like to find out more about cookies, including how we use them and what choices are available to you, please review the above section on Cookies

WHO DOES ENGELHART SHARE YOUR PERSONAL DATA WITH?

Sometimes we may need to share your Personal Data with third parties that provide services on our behalf. It is the case of, for example, services we hire for hosting our databases or for auditing. Below are described a few situations in which ENGELHART may share your Personal Data:

  • Our service providers. We rely on the help of providers that can process the Personal Data we collect. We always seek to evaluate our providers carefully and to establish contractual Personal Data protection and information security obligations with them, aiming to minimize risks to the Data Subjects.
  • Analytics. The data stored by ENGELHART may be used for statistical purposes (analytics) so that ENGELHART can better understand who the people are visiting our website and consuming our Products and Services. These data are pseudonymized and are not used to identify or make the Personal Data Subjects identifiable, but only to better understand their access to the ENGELHART Digital Platform to improve service provision and product offers according to the costumer’s interests.
  • Public Authorities. We need to comply with the Law. Thus, if an authority with legal competence, such as BACEN, CVM, or PROCON, for example, requires that ENGELHART share certain Personal Data to meet regulatory needs, we’ll need to share such information. We are against any abuse of authority and, in case ENGELHART interprets that a certain order is abusive, we will always favor your privacy.
  • Protection of rights. We reserve the right to share any Personal Data that we believe necessary to fulfill any legal obligation, apply our Terms of Use, or, furthermore, to protect ENGELHART’s, our collaborators’, and our client’s rights.
  • Affiliates.  We may share your Personal Data with our Affiliates or other trustworthy companies or people in order to process your information to this end or other legitimate interests. This processing is always carried out in accordance with our instructions and our Privacy Policy and all additional appropriate security and confidentiality measures.

We strive to protect your Personal Data, but, unfortunately, we can’t guarantee the correct processing of these Personal Data by third parties that use, disclose and protect Personal Data according to their own respective Privacy Policies.

If you have any questions about which are these companies or providers, feel free to contact us by email at ol-ectp-dataprotection@ectp.com. Furthermore, if you are a resident of Brazil, please get in touch with ol-privacidade@ectp.com.

DOES ENGELHART TRANSFER PERSONAL DATA TO OTHER COUNTRIES?

As mentioned in the previous item, we may share your personal information with collaborators, representatives, and ENGELHART affiliated companies or partners based outside of your country of residence to provide ENGELHART services to you. We may, for example, transfer your Personal Data to the company responsible for hosting our databases, whose headquarter is located abroad.

These transfers involve only companies that comply with the applicable data protection laws and maintain a similar or more stringent level of compliance than what is stipulated in the applicable legislation. Moreover, the Data transferred can only be processed according to terms in this Policy and to ENGELHART’s corporate standards for providing our services or fulfilling the companies’ objective.

If you have any questions about which are these companies, feel free to contact us by email at ol-ectp-dataprotection@ectp.com.  If you are a resident of Brazil, please get in touch with ol-privacidade@ectp.com 

WHAT ARE MY RIGHTS AS A PERSONAL DATA SUBJECT?

Confirmation and AccessYou have the right to check whether ENGELHART processes your Personal Data and, if so, request a copy of the Personal Data we have on you.
CorrectionYou may request the correction of your incomplete, inaccurate, or outdated personal data.
Anonymization,blocking, or deletionIn some instances, if the Law in your jurisdiction permits, you may request to (a) anonymize your data so that it can no longer be related to you and, therefore, cease to be Personal Data; (b) block your Data, temporarily suspending our ability to process it in any way; and (c) delete your Data, in which case we will delete all your Data, with no reversal, subject to any legal obligations we have to retain such data.
PortabilityIn some instances, if the Law in your jurisdiction permits you to have the right to request in writing that ENGELHART provides you or a third party of your choice, your Personal Data in structured and interoperable format for transferring to another service or product provider as long as it does not violate intellectual property or the business secret of the company.
Information on sharing DataYou have the right to know the public and private entities with which ENGELHART shares data. Therefore, we will maintain the updated list of the types of partners we share data with within this Policy. In any case, if you have any questions or would like more details on this, know you have the right to request us this information.
Information on the possibility of no consentYou have the right to obtain clear and complete information about the possibility and consequences of not providing consent. However, your consent, when necessary, must be given of free will and clearly stated. Therefore, whenever we ask for your consent, you are free to deny it – even though, in such cases, we may have to limit our Services.
Consent revocationYou have the right to withdraw your consent for processing activities that are based on consent (for example, marketing arrangements or automatic profiling). However, this will not affect the legality of any processing carried out previously. If you withdraw your consent, we will cease to carry out the particular activity that you previously consented to unless we consider that there is an alternative reason to justify our continued processing of your Data for this purpose, in which case we will inform you of this condition
Opposition or Right to Restrict the processing If you do not agree with ENGELHART’s processing of your Personal Data, in some cases, if the Law in your jurisdiction permits, you may oppose it by requesting its interruption. In this case, we can only continue to store your data and will not be able to carry out any further processing activities with it until either: 1) you consent; or 2) further processing is necessary for either the establishment, exercise, or defense of legal claims, the protection of the rights of another individual, or reasons of important EU or Member State public interest; or 3) the issue for which you object to the processing of data (e.g., the Data’s inaccuracy; or your request for us to verify our legitimate interest for processing the data or your preference for us to restrict processing rather than erase your data; or you require the data to establish, exercise or defend legal claims)

WHENEVER YOU EXERCISE YOUR RIGHTS, ENGELHART MAY REQUEST ADDITIONAL INFORMATION FOR IDENTITY CONFIRMATION AND FRAUD PREVENTION PURPOSES. WE DO THIS AS A MEANS TO ENSURE THE SAFETY AND PRIVACY OF THE USERS OF OUR PLATFORM AND OF THOSE THAT CONTACT US VIA EMAIL OR PHONE, FOR EXAMPLE. STILL, COMPLEX REQUESTS MAY NOT BE RESPONDED TO IMMEDIATELY. STILL, ENGELHART IS COMMITTED TO RESPONDING TO ALL REQUESTS WITHIN A REASONABLE TIME PERIOD AND IS ALWAYS IN COMPLIANCE WITH THE APPLICABLE LEGISLATION.

In case you have any questions regarding this matter or about how you may exercise these rights, feel free to contact us by email at ol-ectp-dataprotection@ectp.com.  If you are a resident of Brazil, don’t hesitate to get in touch with ol-privacidade@ectp.com

FOR EEA and UK DATA SUBJECTS ONLY:

Your rights are governed by the the General Data Protection Regulation (Regulation (EU) 2016/679) and the United Kingdom Data Protection Act 2018 (adopting the General Data Protection Regulation (Regulation (EU) 2016/679)) (the “GDPR“.)  One of the GDPR’s main objectives is to protect and clarify the rights of EU citizens and individuals in the EU with regards to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us. These are described in more detail below.

To get in touch about these rights, please contact us. We will seek to deal with your request without undue delay, and in any event within one month (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues that you raise.

Right to object:

  • This right enables you to object to us processing your personal data where we do so for one of the following four reasons: (i) our legitimate interests; (ii) to enable us to perform a task in the public interest or exercise official authority; (iii) to send you direct marketing materials; and (iv) for scientific, historical, research, or statistical purposes.
  • The “legitimate interests” and “direct marketing” categories above are the ones most likely to apply. If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless:
    • we can show that we have compelling legitimate grounds for processing which overrides your interests; or
    • we are processing your data for the establishment, exercise or defence of a legal claim.
  • If your objection relates to direct marketing, we must act on your objection by ceasing this activity.

Right to withdraw consent:

  • Where we have obtained your consent to process your personal data for certain activities (for example, for our marketing arrangements or automatic profiling), you may withdraw this consent at any time and we will cease to carry out the particular activity that you previously consented to unless we consider that there is an alternative reason to justify our continued processing of your data for this purpose in which case we will inform you of this condition.

Data Subject Access Requests (DSAR):

  • You may ask us to confirm what information we hold about you at any time, and request us to modify, update or delete such information. We may ask you to verify your identity and for more information about your request. If we provide you with access to the information we hold about you, we will not charge you for this unless your request is “manifestly unfounded or excessive”. If you request further copies of this information from us, we may charge you a reasonable administrative cost where legally permissible. Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so.
  • Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding data subject access requests and may refuse your request in accordance with such laws.

Right to erasure:

  • You have the right to request that we erase your personal data in certain circumstances. Normally, the information must meet one of the following criteria:
    • the data are no longer necessary for the purpose for which we originally collected and/or processed them;
    • where previously given, you have withdrawn your consent to us processing your data, and there is no other valid reason for us to continue processing;
    • the data has been processed unlawfully (i.e. in a manner which does not comply with the GDPR);
    • it is necessary for the data to be erased in order for us to comply with our legal obligations as a data controller; or
    • if we process the data because we believe it necessary to do so for our legitimate interests, you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.
  • Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding data subject right to erasure and may refuse your request in accordance with local laws.
  • We would only be entitled to refuse to comply with your request for erasure for one of the following reasons:
    • to exercise the right of freedom of expression and information;
    • to comply with legal or regulatory obligations or for the performance of a public interest task or exercise of official authority;
    • for public health reasons in the public interest;
    • for archival, research or statistical purposes; or
    • to exercise or defend a legal claim.
  • When complying with a valid request for the erasure of data we will take all reasonably practicable steps to Delete the relevant data.

Right to restrict processing:

  • You have the right to request that we restrict our processing of your personal data in certain circumstances. This means that we can only continue to store your data and will not be able to carry out any further processing activities with it until either: (i) one of the circumstances listed below is resolved; (ii) you consent; or (iii) further processing is necessary for either the establishment, exercise or defence of legal claims, the protection of the rights of another individual, or reasons of important EU or Member State public interest.
  • The circumstances in which you are entitled to request that we restrict the processing of your personal data are:
  • Where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified;
  • Where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data;
  • Where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it; and
  • Where we have no further need to process your personal data but you require the data to establish, exercise, or defend legal claims.
  • If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will notify you before lifting any restriction on processing your personal data.

Right to rectification:

  • You also have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.

Right of data portability:

  • If you wish, you have the right to transfer your personal data between data controllers. To allow you to do so, we will provide you with your data in a commonly used machine-readable format that is password-protected so that you can transfer the data to an online platform. Alternatively, we may directly transfer the data for you. This right of data portability applies to: (i) personal data that we process automatically (i.e. without any human intervention); (ii) personal data provided by you; and (iii) personal data that we process based on your consent or in order to fulfil a contract.

Right to lodge a complaint with a supervisory authority:

  • You also have the right to lodge a complaint with your local supervisory authority. 
  • If you would like to exercise any of these rights, or withdraw your consent to the processing of your personal data (where consent is our legal basis for processing your personal data).  Please note that we may keep a record of your communications to help us resolve any issues that you raise.
  • You may ask to unsubscribe from direct marketing at any time.
  • It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold your data.

FOR HOW LONG WILL PERSONAL DATA BE STORED?

Your Personal Data is stored only for as long as necessary to fulfill the purposes for which they were collected, safe in cases when there are other reasons for keeping them, such as the fulfillment of legal, regulatory, or contractual obligations, among others, provided that they are based on a Legal Basis. For example, we are required to store data related to financial transactions carried out in the National Financial System for a period of 10 (ten) years, as determined by the Central Bank.

Keep in mind that, whenever possible, we will consider your right to request the deletion or opposition to data processing, as described in the item above.

WHAT ARE OUR RESPONSIBILITIES, AND HOW DO WE PROTECT YOUR PERSONAL DATA?

Our responsibility is to care for your Personal Data and use them for lawful purposes, as described in this Policy. To ensure your privacy and the protection of your Personal Data, we adopt appropriate security practices considering our business, among which are:

  • Encryption and dual authentication systems in our Platforms’ environments;
  • Awareness trainings and policies to keep our collaborators updated on how to avoid risks to the Data Subject and identify threats and malicious activities;
  • Access controls and privileges for accessing Personal Data, so that each collaborator can only access the strictly necessary data for performing their tasks; and
  • Preventive controls and monitoring of security incidents, including data loss, conducted by our Information Security team and by automated security tools recognized by the market.

We strive to protect your Personal Data, but unfortunately, we cannot guarantee the complete safety of your data. For example, third party unauthorized access or use of your account, hardware or software failure that is not under ENGELHART’s control, and other factors may compromise the safety of your Personal Data. Thus, your cooperation is fundamental in keeping a safe environment for all. You can help us by adopting security best practices regarding your data (such as, for example, not sharing your passwords with third parties) and, in case you identify or become aware of something that might compromise the safety of your data, please get in touch with us through our Data Protection Officer, whose contact channels are mentioned below.

HOW TO CONTACT ENGELHART ABOUT PERSONAL DATA?

If you believe that your Personal Data were used inconsistently to what is described in this Privacy Policy or with your choices as Data Subject of these Personal Data, or if you have any questions, comments, or suggestions related to this Policy, please get in touch with our Data Privacy team by email at ol-ectp-dataprotection@ectp.com.  If you prefer to contact us in writing please direct mail to:

Online Privacy Policy Inquiries
Engelhart Commodities Trading Partners
Attn: Monique Kennedy
400 Atlantic Street
Stamford, CT 06901

CONTACT INFORMATION FOR BRAZIL RESIDENTS ONLY:

If you are a resident of Brazil, please get in touch with ol-privacidade@ectp.com, or you can write to us at:

Online Privacy Policy Inquiries
Engelhart Commodities Trading Partners
Attn: Reinaldo Nogueira
Praia de Botafogo, 501/5° andar
Rio de Janeiro
RJ – 22250-040

GLOSSARY

  • Affiliates – means any person directly or indirectly controlled by, or controlling of, or under the common control with, the Company, which shall be deemed to include, for the avoidance of doubt, the Company’s current corporate member, BTG GAM (UK) Limited, and/or any replacement corporate member of the Company and/or any of its or their respective Subsidiaries or Associates.
  • Associate – means a body corporate:
    • which for the time being is a Parent Undertaking of the Company or a Subsidiary of the Company or of such a Parent Undertaking; or
    • in whose Equity Share Capital for the time being an interest of 20 per cent or more is held directly or indirectly (through another body corporate or other bodies corporate or otherwise) by a Parent Undertaking of the Company or by a Subsidiary (including the Company) of such a Parent Undertaking or by a combination of two or more such Parent Undertakings or Subsidiaries.
  • End Users this category covers buyers and end user clients with whom ENGELHART trades physical commodities.
  • Delete – Once personal data reaches the end of its nominal retention period, or where ENGELHART receives a valid request to erase it, ENGELHART will put in place specific operational and systems measures to ensure that the personal data is “put beyond use”. While the data will still technically exist on an archive system, ENGELHART will ensure that it cannot be accessed by any of our operational systems, processes or Staff. Only a very small number of senior Staff, in very limited and carefully prescribed situations, will be able to restore this personal data so that it can be viewed for those legitimate purposes. Once all relevant legally mandated retention periods have expired, ENGELHART will undertake to carry out a “hard delete”, so that not even a very limited number of senior Staff would be able to restore the personal data.
  • Commodities Producers – includes business contacts and other staff of corporate companies who produce commodities in markets managed by ENGELHART (e.g.,agriculture), sole traders, and any other individual whose personal data may be processed as a result of ENGELHART ‘s contact with such companies, co-operatives or sole traders.
  • Counterparties– includes individual and institutional traders, brokers, investment managers, agents, representatives etc. from counterparties with whom ENGELHART trades in futures and options.
  • Job Applicants – includes applicants for all roles advertised or promoted by ENGELHART, including permanent, part-time and temporary positions [and freelance roles] ENGELHART as well as people who have supplied a speculative CV to ENGELHART not in relation to a specific job.
  • Other people whose personal data we may process – these may include ENGELHART Staff emergency contacts and next of kin, referees, and dependents for the purpose of benefits (e.g., privacy medical insurance or childcare funding). It also includes referees provided by Job Applicants)
  • Sensitive Personal Data – this is personal data consisting of information such as your racial or ethnic origin, your political opinions, or religious beliefs, whether you are a trade union member, your physical and mental health, your genetic and biometric data, data relating to your sex life and sexual orientation, and whether you have or are alleged to have committed a criminal offence. Due to the nature of sensitive personal data, data protection legislation is much stricter about how such data should be held and processed. We will only process your sensitive personal data where appropriate and in accordance with local law requirements.
  • Staff – includes current and former employees and interns engaged directly in the business of ENGELHART (or who have accepted an offer to be engaged) as well as other workers currently or previously engaged in the business of providing services to ENGELHART (even though they are not classed as employees). Independent contractors and consultants performing services for ENGELHART also fall within the definition of a Staff for the purposes of this Privacy Policy.
  • Subsidiary – means Subsidiary Undertaking, and “Subsidiary Undertaking”, “Parent Undertaking” and “Equity Share Capital” shall have the respective meanings attributed to them by sections 1162 and 548 of the Companies Act 2006.
  • Suppliers – refers to partnerships, companies (including sole traders), third party service providers (including administrators and distributors), introducer agents and atypical workers such as independent contractors and freelance workers, who provide services to ENGELHART. For the purposes of this Policy, regulatory agencies and external bodies will be treated as suppliers.
  •  Website Users – any individual who accesses any of the ENGELHART website(s)

CHANGES IN THE PRIVACY POLICY

As we are always looking to improve our Platforms and Services, this Privacy Policy may undergo updates to reflect the improvements made. Therefore, we recommend that you periodically revisit this page so that you are aware of all the changes. If there are any relevant changes, we will notify you.