THE PURPOSE OF THIS PRIVACY POLICY

 

  1. WHO WE ARE

We are Freight Investor Services Limited, its subsidiaries, affiliates and branches, trading under the names “Freight Investor Services” and “Freight Investor Solutions”, as applicable. Our group of businesses includes:

  • Freight Investor Services Limited, who is registered in England and Wales and whose registered office is at 80 Cannon Street, London EC4N 6HL; Telephone: +44 (0) 20 7090 1120; Email: info@freightinvestor.com.
  • Freight Investor Services Limited’s branch offices in the following locations in the USA:
  • Freight Investor Services (US FFA) branch office located at 2777 Summer Street, Suite 209a, CT 06905, USA; Telephone: +1 203 325 8003; Email: info@freightinvestor.com.
  • Freight Investor Services US Fertilizer branch office located at 6240 West 135th Street, Suite 209, Deer Creek Office Suite, Overland Park, KS 66233, USA; +1 813 490 6630 Email: ferts@freightinvestor.com.
  • Freight Investor Services Pte Ltd (Singapore), who is registered in Singapore and whose registered office is at 6 Battery Road, #24-04, Singapore, 049909; Telephone: +65 6535 5189; Email: info@freightinvestor.com.
  • Freight Investor Services Shanghai, who is registered in Shanghai and whose registered address is at Hong Kong New World Tower, Unit 3803, 300 Huaihai Road, (M) 200021, Shanghai, China; Telephone: +86 21 6335 4002; Email: info@freightinvestor.com.
  • Freight Investor Services PVT. LTD., who is registered in India and whose registered address is at 104, Lodha Supremus Phase 1, Road No 22, Wagle Estate, Thane (W), Mumbai – 400604; Telephone: +91 22 4881 8900; Email: chartering.mumbai@freightinvestor.in.
  • Freight Investor Solutions DMCC, who is registered in Dubai and whose registered address is at Unit 501, Swiss Tower, Cluster Y, Jumeirah Lake Towers; PO Box 391624 Dubai, UAE; Email: info@freightinvestor.com.

We offer full brokerage services, trade execution and in-depth market intelligence for dry bulk freight and commodity swaps – as well as providing physical ship and cargo services across the globe.

We are regulated by the UK Financial Conduct Authority (FCA), USA National Futures Association (NFA) and hold an exemption with the Monetary Authority of Singapore (MAS).

 

  1. OUR USE OF PERSONAL INFORMATION

In common with many global businesses, we collect, use and share information, including personal information, in connection with providing our services and running our business.

 

  1. THIS PRIVACY POLICY

This is our main general privacy policy that applies across our business, including in respect of our FIS Live mobile application (“FIS Live App“), a mobile application that enables users to view key market commodity derivatives reports, pricing information, historical market data and news and commentary from third party sources.

We may, however, publish additional privacy statements that apply to specific services that we offer to our clients from time to time. If an additional privacy statement is relevant to you because of the way in which you engage with us and there is a conflict between the information set out in this policy and the additional privacy statement, then the additional privacy statement will take precedence over the information set out in this privacy policy.

 

We have a separate privacy policy that sets out how we process the personal information of our staff, which prospective, current and former members of staff should refer to.

This privacy policy may be updated from time to time. The version and date of this privacy policy are set out at the start of this policy.

 

  1. WHAT IS PERSONAL INFORMATION?

Personal information is information that relates to you or allows us to identify you. This includes obvious things like your name, address and telephone number but can also include less obvious things like your use of our website or our FIS Live App.

There are different types of personal information. The most important types for you to know about are:

  • Special categories of personal information: these categories of personal information often have additional protection under data protection laws around the world. These categories include information about your health, racial or ethnic origin, political opinions, religious or philosophical beliefs and trade union membership, your genetic data and biometric data, and information concerning your sex life or sexual orientation.
  • Criminal convictions information: this is information relating to your criminal convictions and offences. Local data protection laws may restrict the way in which we can use this information when compared to, for example, your name and address.

 

  1. OUR RESPONSIBILITY TO YOU

We process your personal information in our capacity as a controller. This means that we are responsible for ensuring that we comply with relevant data protection laws when processing your personal information.

YOUR PERSONAL INFORMATION

 

  1. WHY ARE WE COLLECTING PERSONAL INFORMATION ABOUT YOU?

We only collect personal information about you in connection with providing our services and running our business. We only collect enough information to enable us to, and in accordance with applicable laws, provide, support, improve and market our services and run our business operations.

We will hold information about you if:

  • you are a client, an employee or representative of a client, or the beneficial owner of a client – for example you use our FIS Live App;
  • you are, or are an employee or the representative of, a party or potential party in a trade or other transaction we are executing, a freight or commodity derivative we are brokering, or other matter upon which we are advising or acting on behalf of a client;
  • your information is provided to us by a client or others, or we otherwise obtain your information, in connection with our role as a broker of freight and commodity derivatives, as an advisor to the dry bulk freight derivatives market or our participation in major commodity derivatives markets globally;
  • you provide services to us (or you represent a company which provides services to us);
  • you represent a regulator, clearing house, exchange, market, certification body, industry body or association, or government body which has dealings with us; or
  • you attend our seminars or events, receive our market intelligence or reports or visit our offices or websites.

 

  1. WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU?

The types of information we process about you may include:

  • Individual Details – name, title, contact information such as telephone number/s, address/s and email address/s, gender, marital status, date and place of birth, nationality, addresses, interests in our services, residing country, social engagement platform details.
  • Company Details – job title, employer name, business address, business telephone number/s, business email address/s, social engagement details, other primary contact and departmental contact details.
  • Identification Details – these include, in addition to the individual details listed above, the minimum necessary information to enable us to fulfil our obligations (i) under any contract with you; (ii) to any regulatory authorities; and (iii) under any laws and regulations to which we are subject. For example, identification information is required as part of our registration and on-boarding process, which captures private identification information for directors and shareholders for the companies in question. This includes: passport details, driving licence details, other identification numbers issued by government bodies or agencies such as national insurance or tax identification numbers, and associated transactional details.
  • Financial Details – account details, BACS, SWIFT, IBAN, account number, credit card, debit card, invoice, purchase order, transactional details, payment amount, and other financial information.
  • Credit, anti-fraud and sanctions data – credit history, credit score and information received from various anti-fraud and sanctions databases relating to you.
  • Customer Support and Improvement Details – information relating to any customer support enquiry, comments or complaints that you submit to us or that we create in handling your request.
  • Marketing Details – your preferences in receiving marketing from us and your communications preferences.
  • Transactional Details – information that is relevant to transactions upon which we are involved, for example because we act for you or another party involved in the transaction. The collection of this information is dependent on the type of transaction, but may include: date and time, reference, record count, record identifier, associated transactional details such as contact, company, account, payment, consent, customer support and improvement, marketing, usage and cookie details.
  • Usage Information – information about your activity and engagement with our services, including the number of times you have registered for and or attended one of our seminars or events, contacted us, opened one of our market intelligence communications or reports, visited our website and each interaction thereafter.
  • Connection Information – information about your device and connection details when you access and use our website, our FIS Live App or open one of our market intelligence communications or reports. This includes details such as IP address, machine name and email delivery status.
  • Location Information – our FIS Live App allows us to track the location of the device it is installed on when the application is running (even when the application is not being used, but just running in the background).
  • Identifiers – information which can be traced back to you, such as an IP address, cookie or a tracking code.
  • We use cookies to provide more effective web-based services to you, by allowing you to customise and improve the performance of your experience, such as changing the language and storing your preferences. We also use third-party add-ins namely, to improve the effectiveness of our site.
  • Our FIS Live App allows us to track who accesses the application, when it was accessed and how it was used. We do this through the use of cookies and other data collection tools.

More information about our use of cookies is provided in our cookies policy, which may be accessed on our website

  • Special Categories of Personal Data – information about your health, political beliefs, religious or philosophical beliefs, trade union membership and sexual preferences or practices.
  • Criminal convictions information – information about your criminal convictions and offences.

 

  1. WHERE DO WE COLLECT YOUR PERSONAL INFORMATION FROM?

We collect your personal information from various sources, including:

  • you;
  • your employer or other person that has engaged you or whom you represent;
  • our clients and our service providers;
  • other third parties such as regulators, clearing houses, exchanges, markets or industry bodies or associations that have dealings with us;
  • credit reference agencies;
  • anti-fraud databases, sanctions lists, market repositories and other databases;
  • government agencies and publicly accessible registers or sources of information; and
  • by actively obtaining your personal information ourselves, for example through the use of our website or mobile application tracking devices.

The sources that apply to you will depend on why we are collecting your personal information. Where we obtain your information from a third party, in particular your employer, we may ask them to provide you with a copy of this privacy policy (or a shortened version of it) to ensure you know we are processing your information and the reasons why.

OUR USE OF YOUR PERSONAL INFORMATION

 

9. HOW WE USE YOUR INFORMATION

In this section we set out in more detail (i) the main purposes for which we use your personal information; and (ii) the legal bases upon which we are using your personal information.

PURPOSE

Client on-boarding and other legal requirements

  • We obtain information about our clients and their representatives and beneficial owners and others to help us comply with the laws and regulations that apply to us. Examples include:
  • Where we collect and use information when we on-board you as a client to comply with the money laundering, terrorist financing, and sanctions related laws and regulations that apply to us.
  • Where we may use your personal information when we co-operate with supervisory and lawful authorities in order to fulfill our legal obligations.
  • Where we monitor and store transnational details (including personal information) in accordance with regulatory requirements.
  • Where we notify you and any lawful authorities of any data breaches.
  •  In some cases, this information will include special categories of personal data and criminal convictions data.

LEGAL BASIS

 

For all information – compliance with a legal obligation.

For special category and criminal data – preventing or detecting unlawful acts, and suspicion of terrorist financing or money laundering.

Engagement of Service

We obtain and use information about individuals where this is necessary or appropriate to provide services to our clients and execute transactions on their behalf. For example, we obtain and use information about individuals:

To provide a service, by enabling us to fulfill our obligations under any contract with our clients.

To provide our clients with core services and relevant updates to these services.

To notify our clients of any changes to our services that affect them.

For all information – legitimate interests.

Parts of our business are regulated. We have a legitimate interest in using your information where this is necessary or appropriate to provide our services.

Where you have entered into a contract with us – performance of a contract with you.

Service providers

  • We collect information about you in connection with your provision of services to us or your position as an employee or representative of a provider of services to us.
  • We do not generally look to collect special categories of personal data and criminal convictions data for this purpose, other than where we are required to do so to meet our legal obligations (see ‘Client on-boarding and other legal requirements’  above).

For all information – legitimate interests.

We have a legitimate interest in contacting and dealing with individuals involved in providing services to us.

Seminars, events and market intelligence

If you wish to attend our seminars or events or receive our market intelligence and reports, we ask you to provide us with a limited amount of information (normally your work contact details, your employer’s name, your job title, and the topics/events of interest). We use this information in order to communicate with you about our seminars, events and market intelligence and reports, to ensure that you are an appropriate audience for them, and to conduct analysis for marketing purposes.

We do not generally look to collect special categories of personal data and criminal convictions data for this purpose.

(Please also see ‘Marketing’ below.)

For communications with you – legitimate interests.

We have a legitimate interest in keeping you informed about seminars, events and developments in our business and the dry bulk freight and commodity and shipping and cargo markets that may be of interest to you. When we send you marketing communications, there are separate laws regarding market communications that we adhere to, in addition to data protection laws. You may opt out of receiving marketing communications from us at any time, and each communication we send provides a straightforward means of doing so.

For all other purposes – legitimate interests.

Our seminars, events and market intelligence and reports are intended primarily for clients and potential clients. We have a legitimate interest in confirming that our seminars, events, market intelligence and reports are being made available to their intended audience. We also have a legitimate interest in understanding your use of our seminars, events, market intelligence and reports and whether this presents any opportunity for us to improve the services we offer to you.

Marketing

We use in-house and third party business management solutions to manage and store your personal details and understand the strength of our relationship with our clients and potential clients, which includes individual representatives of those clients.

As part of our marketing analysis, we track how you interact with our marketing activities to analyse the effectiveness of our services and marketing activity – for example, whether you open one of our market intelligence reports or click on any of the links in our marketing materials. We do not generally look to collect special categories of personal data and criminal convictions data for this purpose.

For all marketing – legitimate interests.
We have a legitimate interest in understanding our relationship with our clients and potential clients. Using the frequency of your contact with us and analysing how you interact with our marketing activities is a reasonable means of doing so.

Visitors to our website

Facilities on our website may invite you to provide us with your personal information. Where you provide us with information, we will only use it for the purpose for which it has been provided by you.

Our website uses a small number of non-intrusive cookies to help it work more efficiently and to provide us with information on how the site is being used. In particular, the site uses Google Analytics Yoast SEO Analytics and Microsoft Analytics, that are web-based analytics tools that track and report on the manner in which the website is used to help us to improve it.  This happens by placing ‘cookies’ on your device. Note that these companies will also have their own control of this information, and will hold it on its servers in accordance with its own privacy policies.

You can control cookies through the settings or preferences of your browser, as well as through dedicated browser extensions or add-ons. For more information on how we use cookies, please see our separate cookies notice, which can be found on our website.

We do not generally look to collect special categories of personal data and criminal convictions data on our website.

For all information – legitimate interests.
We have a legitimate interest in providing to you the facilities on our website that you have requested and in understanding how our website is used.

Users of our FIS Live App

Registration

When you download and activate our FIS Live App for the first time, we will collect certain personal information as part of the initial registration process, including, your name and email address. This information is used by us as part of the initial registration process, to manage your use of the application and provide it to you.

Location tracking

Our FIS Live App allows us to track the location of the device it is installed on when the application is running (even when the application is not being used, but just running in the background). We use this location information to understand how and where the application is being used and to provide, develop and improve the application and for no other purpose.

 

Understanding application usage

Our FIS Live App allows us to track who accesses the application, when it was accessed and how it was used. We do this through the use of cookies and other data collection tools.

We may use cookies on our FIS Live App for a number of purposes – for example, to maintain continuity during a user session, to gather data about the usage of the application for research and other purposes (including understand who is using the application and how it is being used), or to enable our servers to recognize a device so that user preferences and/or authentication credentials can be recognised so that you do not have to provide this information every time you use the application. We only track your activity relating to the use of our FIS Live App and we do not track any other activity.

You can decide if and how your device will accept a cookie by configuring your preferences or options on the device. However, if cookies are rejected, your use of our FIS Live App may be restricted.

Registration

For information provided to us when you registered to use our FIS Live App – legitimate interests. We have a legitimate interest in using your information where this is necessary or appropriate to provide the application.

Location tracking

For location tracking information – consent. The location tracking function of the application will only be enabled if you have expressly consented to this, either at the time you downloaded and activated the application for the first time or at a later date. Where you have consented to us tracking the device, you have the right to withdraw such consent at any time. You can also disable the location tracking function at any time by turning off location services within the general settings on the device.  

 

Understanding application usage

For information that we collect about your use of our FIS Live App – legitimate interests. We have a legitimate interest in understanding when and how the application is used and by whom.

10. LEGITIMATE INTEREST

As set out above, we sometimes use legitimate interest as the lawful basis for the processing of your personal information.

Why legitimate interest? As with any business engagement, the exchange and sharing of personal information is a necessity. Legitimate interest allows us to process your information without directly asking you, as we believe you would reasonably expect us to process your data on a fair and lawful basis and for the purposes relevant to fulfil our obligations to you.

This does not mean we can just process any data “for the sake of it”, for legitimate interest to be lawful, prior to any processing being undertaken, we must ensure the processing is necessary, it is proportionate, and we have a defined purpose for the processing. For each purpose (set out in the table above) in respect of which we use legitimate interest as the lawful basis for processing, we have explained why the legitimate interest basis applies.   

 

11. CONSENT

We do not generally process your personal information based on your consent (as we can usually rely on another legal basis). Where we do process your personal information based on your consent, you have the right to withdraw your consent at any time.

To withdraw your consent please email us at dataprotection@freightinvestor.com or, to stop receiving our marketing emails or firm news, please click on the unsubscribe link in the relevant email you receive from us.

Please be aware that, if you withdraw your consent, we may be unable to provide some or all of our products and/or services to you. We will let you know if this is the case when you withdraw your consent.

 

12. INFORMATION THAT WE SHARE

We believe information privacy is critical in maintaining trust, therefore we will never sell your personal information and we only process your information on a fair and lawful basis.

Our approach is to be as transparent as practically possible around the use and storage of personal information. We only share personal information that is necessary with our appointed third-party processors, regulatory agencies and those necessary to fulfill our contractual obligations, all in accordance with our security, privacy and any regulatory requirements and obligations. In particular, we will share your personal information in the following circumstances:

  • our business is made up of a number of different entities and branches around the world. Where it is necessary or appropriate for the purposes for which we hold your information, we share your relevant information across our network of offices. All of our offices and entities manage your personal information in the manner and to the standards set out in this policy, subject to any local jurisdictional compliance requirements;
  • if you are a client, or you are an employee, representative or beneficial owner of a client, then we might provide your relevant information to search companies so they can verify your identity;
  • in the course of providing our services, we may require the assistance of various external providers of professional services and of support services. The use of these services might involve the service provider receiving your relevant information from us;
  • where we have collected your personal information in respect of a trade or other transaction we are executing, a freight or commodity derivative we are broking, or other matter upon which we are advising a client, we may provide your personal information to the client or to other parties involved in the matter (for example, another party’s broker or advisor or to a clearing house, exchange or market) where it is necessary for us to do so in relation to the matter;
  • we use the services of various external companies to help us run our business efficiently, particularly in relation to our IT systems. Some of these services (such as email hosting and data backups) involve the service provider holding and using your personal information;
  • where we use external companies to organise or host events for us, we may need to provide these service providers with your relevant information;
  • if we sell all or any part of our business, then your information will be transferred to the new owner to enable the continuation of the business;
  • where you access and use our FIS Live App, we may need to provide any third party licensors and technology providers that we work with to create, develop and provide the application with your relevant information; and
  • we share your personal information with other third parties, such as relevant regulators, where we are required to do so to comply with legal or regulatory requirements.

OTHER IMPORTANT THINGS YOU SHOULD KNOW

 

13. WHERE YOUR INFORMATION IS STORED

We store your personal information in accordance with international regulatory guidelines using locally hosted and third-party data services platforms, which are hosted within the European, American and Asian regions.  We use third-party providers (processors) for such services and we work closely with these parties to ensure they also adhere to the same guidance and controls.

 

14. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

Because of the international nature of our business, we are required to share and transfer your personal information within our group of companies and their respective branches and with certain third parties in accordance with this policy. Your personal information may well be transferred across national boundaries, including, potentially, to countries that do not require organisations by law to look after your personal information in the way in which you have come to expect in your own country.

Where we transfer your personal information across national boundaries, we will protect your personal information by ensuring that those transfers are made in compliance with all relevant data protection laws. Generally, this means where we transfer your personal information to a third party that is located in a country which does not have adequate privacy protection, we will put in place a contract with the third party that includes the standard international data transfer contractual terms approved by the European Commission.

The transfers are encrypted during their transit (in-flight) and then again when they reach and are stored within their new location (at rest). Please refer to the section entitled “Data Security” below.

 

15. DATA SECURITY

We take our data security responsibilities seriously and have implemented appropriate technical, procedural and organisational security measures to protect your personal information and prevent it from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Examples of each type of measure include:

  • Technical Measures – Our data services utilise encryption technology (both at rest and in flight) and where possible all administrative service accounts utilise two factor authentication. We limit access to your personal data by using methods such as Role Based Access Control (RBAC) and by restricting general access to a “needs to have” basis.
  • Procedural Measures – We have trained our IT staff to understand and follow our internal security policies and procedures. This includes stringent requirements that challenge any data access and transfer requests to ensure we adhere to our least privilege access policy and regulatory requirements.
  • Organisational Measures – We have trained our staff to identify, understand and respect personal information; they are also aware of who to contact for data protection requests.

Whilst we take every reasonable effort to protect the systems and services that we use, no one system is guaranteed as 100% secure. Upon awareness of any system vulnerabilities, we will work with our internal IT staff and 3rd party providers to apply and rectify these as quickly as practically possible.

 

16. BREACH NOTIFICATION

Breaches are always an unwanted outcome, whether malicious or via human error. To this extent we have developed a breach procedure in accordance with the existing data protection laws and guidelines that helps us deal with any such occurrences.

Upon discovery we will start a breach log; investigate and understand the extent of the breach; at the earliest opportunity to stop or contain the breach; quantify the impact the breach would have on the affected individuals; notify affected individuals and any regulatory body of any such occurrences where lawfully required to do so and within the required timescales; trace the breach utilising data forensics where applicable.

 

17. DATA RETENTION

We retain your personal information only for as long as is necessary. The period for which we retain your personal information is based on the requirements of relevant data protection laws and the purpose for which the information is collected and used, taking into account legal and regulatory requirements to retain the information for a minimum period, limitation periods for taking legal action, good practice and our business purposes. For example:

  • Contact Details are usually stored for a period of 12 months: if upon the rolling 12 month basis you have not made an enquiry or undertaken any services or have consented to us holding your information then it will be deleted from our data platforms.
  • Account, Contract, Employment and Payment Details are stored for as long as we are lawfully permitted and or legally obliged to and in accordance with our backup and retention policy.
  • Consent Details are stored for as long as we are lawfully permitted and or obliged to.
  • Where data subjects have invoked the right to be forgotten, we are required to keep a record of this request including your name, so as to ensure this request can be maintained.

 

18. CHILDREN

We do not knowingly have any business interactions or store information about children.

 

19. PROFILING AND AUTOMATED DECISION MAKING

We do not use profiling (where an electronic system uses personal information to try and predict something about you) or automated decision making (where an electronic system uses personal information to make a decision about you without human intervention).

YOUR RIGHTS

 

20. CONTACTING US

If you have any questions in relation to our use of your personal information, please email us at dataprotection@freightinvestor.com.

We are obliged to keep your personal information accurate and up to date. Please help us to do this by advising us of any changes to your personal information.

 

21. YOUR RIGHTS

If you have any questions in relation to our use of your personal information, please email us at dataprotection@freightinvestor.com.

Under certain conditions, you may have the right to require us to:

  • provide you with further details on the use we make of your personal information;
  • provide you with a copy of the personal information we hold about you (one of the ways you may exercise this right, where it applies to you, is to submit a request to us using the electronic submission form on our website – please see below);
  • update any inaccuracies in the personal information we hold about you;
  • delete any of your personal information that we no longer have a lawful ground to use;
  • where processing is based on consent, stop that particular processing by withdrawing your consent;
  • object to any processing based on our legitimate interests unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights;
  • restrict how we use your personal information whilst a complaint is being investigated; and/or
  • transfer your personal information to a third party in a standardised machine-readable format.

 

In certain circumstances, we may need to restrict your rights in order to safeguard the public interest (for example, the prevention or detection of crime) and our interests (for example, the maintenance of legal privilege).

We are obliged to keep your personal information accurate and up to date. Please help us to do this by advising us of any changes to your personal information.

 

SUBJECT ACCESS REQUEST (SAR) FORM

Your Details

Your Address

Company Details

Company Name (applicable)

22. YOUR RIGHT TO COMPLAIN

If you are not satisfied with our use of your personal information or our response to any request by you to exercise your rights, or if you think that we have breached any relevant data protection laws, then you have the right to complain to the authority that supervises our processing of your personal information or, where you are based in the EU, the data protection authority in your country.

 

If you are unsure of the authority that supervises our processing of your personal information then please email us at dataprotection@freightinvestor.com.