Privacy statement applicable to IMC's Dutch etf desk and options market making desk

Introduction

Personal data may be collected from you, your employees, officers, directors and/or your shareholders, as the case may be (together, “Persons”), in connection with the relationship between IMC Trading B.V. (“IMC”) and you as (prospective) counterparty (“Counterparty”). In this Privacy Statement we describe who we are, what kind of personal data IMC holds of Persons, for which purposes we process personal data of Persons and the legal basis for such processing.

We ensure that the processing of personal data of Persons is in compliance with the European General Data Protection Regulation (“GDPR”, 2016/679/EU, as amended, substituted or replaced from time to time) and the applicable implementing legislation.

Who we are

IMC is registered as an investment firm with the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten) to trade for its own risk and on its own account as market maker. IMC does not provide any investment or ancillary services, as defined in MiFID II. IMC’s LEI number is 213800A1PNS41NG89H87. IMC acts as data controller as defined in the GDPR in relation to the processing of personal data of Persons.

IMC’s address is:

Amstelveenseweg 500

1081KL Amsterdam

The Netherlands

Purposes of processing

IMC may collect personal data from Persons, including but not limited to: name, email address, phone number, gender, job title and identity verification information, such as a copy of a valid ID.

Personal data of Persons may be processed for the following purposes:

  • For business purposes. If we enter into a business relationship with a Counterparty we need to process personal data of Persons to conduct our business and maintain our relationship with you.
  • To comply with legal and regulatory obligations, including compliance with the provisions of the European Fourth Anti-Money Laundering Directive (EU/2015/849) as implemented into the Dutch Anti-Money Laundering and Counter-Terrorist Financing Act (Wet ter voorkoming van witwassen en financieren van terrorisme) (“Wwft”).
  • To provide you with (marketing) information about IMC. We may send you information with regard to new products, IMC’s business and (invitations to) our events.

Personal data of Persons will be collected for the abovementioned purposes only and will not be further processed in a manner that is incompatible with these purposes.

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Legal basis for processing

IMC will only process personal data of Persons in accordance with applicable law: 

  • Processing is necessary for our legitimate interest in pursuing the above purposes.
  • Once we have accepted you as a Counterparty, our relationship will be subject to the relevant Terms and Conditions (that are available at https://www.imc.com/eu/terms-and-conditions/). Therefore, processing of personal data is necessary for the performance of a contract.
  • IMC processes personal data to comply with legal and regulatory obligations, including compliance with the Wwft.

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Recipients

We may disclose personal data of Persons to:

  • employees or directors of IMC and IMC B.V. and to any person we reasonably believe necessary for the processing purposes as set out above and only on a need to know basis, provided that all such persons will treat the personal data of Persons confidential; and
  • persons we reasonably believe necessary in order to comply with applicable law. For example, IMC makes use of the World-Check service of Reuters Limited for due diligence and screening purposes in light of applicable requirements under the Wwft (a link to the World-Check Privacy Statement of Reuters Limited can be found here).  

Data Retention Period

IMC will retain personal data of Persons only for so long as necessary for the processing purposes as set out above.

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Security

IMC has implemented appropriate technical and organisational measures to ensure the confidentiality and security of the personal data of Persons.

Privacy Rights

Persons whose personal data is processed within the scope of this Privacy Statement have the following rights:

  • to receive confirmation from IMC as to whether or not such Person’s personal data are being processed;
  • to obtain a copy of such Person’s personal data;
  • to request rectification of any inaccuracies and to have any incomplete personal data of such Person completed;
  • to object to the processing of such Person’s personal data;
  • to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens);
  • under certain conditions, to request erasure of such Person’s personal data;
  • under certain conditions, to restrict the processing of such Person’s personal data; and
  • under certain conditions, to receive the personal data concerning Persons, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller.

Please send any requests, questions, remarks or complaints about the way IMC processes personal data of Persons to: Privacy.tradingdesk@imc.com.

We will respond to a request as soon as possible and in any event within one month after receipt of a request.

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Updates to this Privacy Statement

This Privacy Statement may be amended from to time, and the most recent version is available at: https://www.imc.com/eu/privacy-statement/.

IMC Trading B.V.
December 2018