ETRM PRIVACY NOTICE

What is the purpose of this privacy notice?

This privacy notice is designed to help you understand how the ETRM companies based in Europe collect and use your information in their capacity as a controller. The ETRM companies covered are ETRMServices UK Limited (Vision Park, Chivers Way, Histon Cambridge, CB24 9AM, UK), ETRMServices Ireland Limited (6th Floor South Bank House, Barrow Street, Dublin 4, Ireland), ETRMServices Netherlands B.V (Claudius Prinsenlaan 144, 4818 CP Breda, Netherlands) and ETRMServices Luxembourg SARL (5, Rue Heienhaff, L-1736 Senningerberg, Luxembourg).

By ‘your information’, we mean information which relates to you or allows us to identify you. This includes obvious things like your name, address and telephone number. But your information can also include things like your IP address which identifies you when you visit our websites.

This notice may be updated from time to time. This version is dated October 31st1 2018.

Please note we have a separate privacy notice on how we process the information of our staff, which current and former members of staff should refer to.

Our responsibility to you

We provide energy trading and risk management technology services to our customers. In common with most businesses, we collect, use and share information, including personal information, in connection with providing our services and running our business.

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

The exception to this is where we process your information for and on behalf of one of our customers as part of providing our services to them. In these cases, we are a processor of our customer and this privacy notice does not apply.

Does ETRM hold information about me?

We only collect information about you in connection with providing our services and running our business. ETRM collects information about you where:

  • you work for an organisation which has (or potentially has) business dealings with us (so organisations such as customers of ETRM, suppliers to ETRM, and government agencies);
  • you are an applicant for a job with us
  • you visit our websites

Representatives

Where you have (or potentially have) business dealings with us through your organisation, most of the information which we hold about you will come directly from you. Either you will have provided the information in answer to questions from us, or we will have obtained the information from the business cards you present to us or from the correspondence you send to us. Occasionally, we might also obtain information about you via your organisation or from external sources where we reasonably need to understand your current role within an organisation or the history of your career, or where we need to verify your identity.

Job applicants

Where you are applying for a job, we will ask you to provide specific information about yourself. We might conduct checks in order to verify your identity and the information in your application, and to assess your suitability for the role. This process may involve obtaining information about you from third party sources (such as the electoral role), and from your social media accounts.

Our websites and cookies

Our websites 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 websites use a small number of non-intrusive cookies to help them work more efficiently and to provide us with information on how the websites are being used. In particular, the sites use Google Analytics, a web-based analytics tool that tracks and reports on the manner in which each website is used to help us to improve it. Google Analytics does this by placing ‘cookies’ on your device. Note that Google will also have its own control of this information, and will hold it on its servers in the United States 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 cookies, see allaboutcookies.org.

What kind of information about me does ETRM hold?

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.

We do not generally collect special categories of personal information or criminal convictions information, although we may collect limited amounts of these types of information in relation to our staff recruitment activities.

What does ETRM do with my information, and what is the legal basis for this?

We are required by law to identify the legal basis on which we use your information.

We use the information which we collect about you mainly on the basis of ‘legitimate interests’ and, in our view, our use of your information in this manner does not have any detrimental impact on you or your rights.
In particular:

  • Representatives: we have a legitimate interest in contacting and dealing with individuals that work for an organisation which has (or potentially has) business dealings with us
  • Job applicants: we have a legitimate interest in knowing the identity and background of the individuals we employ to ensure we have the appropriate staff to comply with our various legal and regulatory obligations and ethical duties. For special categories of personal information and criminal convictions information processed as part of job applications with us, we have the right to use that information based on the employment protection lawful basis
  • Our websites: we have a legitimate interest in providing to you the facilities on our website that you have requested and in understanding how our websites are used

Does ETRM share my information with anyone else?

We do not sell your information nor make it generally available to others. But we do share your information in the following circumstances:

  • we have a number of affiliate companies around the world operating under the name “ETRM”. Where you are a representative of an organisation and it is necessary or appropriate for our affiliates to process your information in connection with our business dealings with you, we will share your information with them
  • 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 involve the service provider holding and using your personal information
  • where it is necessary for the management of a customer contract, your information (as a representative of a customer of ETRM) might be shared with professional service providers such as accountants. These service providers will be separate controllers of your information, and will be responsible for how they manage your information
  • if you work for an organisation which has business dealings with us or if you apply for a job with us, we might provide some of your information to search companies so they can verify your identity on our behalf
  • if we sell our business, then your information will be transferred to the new owner to enable the continuation of the business

Where service providers are acting on our behalf (such as IT companies), they are required to keep your information safe and secure. They are also not permitted to use your information for their own purposes.

Does ETRM transfer my information outside Europe?

The global nature of our business means that 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 information to organisations which are based outside the European Economic Area, we will do so on a basis which is lawful under the applicable data protection laws. Generally this means that where the organisation 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. You can request a copy of these terms from us.

Does ETRM make automated decisions about me?

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).

How do you keep my information safe?

We take security issues seriously. We implement appropriate steps to help maintain the security of our information systems and processes and prevent the accidental destruction, loss or unauthorised disclosure of the personal information we process.

How long does ETRM retain my information?

We do not keep your information for ever.

We keep your personal information in accordance with our data retention policy which categorises all of the information held by us and specifies the appropriate retention period for each category of information. Those periods are 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.

What rights do I have in respect of my information?

You have a number of legal rights in respect of your information:

  • you can ask us to provide further details about our use of your information
  • you can ask us to give you a copy of your information
  • you can ask us to correct any inaccuracies in your information
  • you can ask us to erase your information or to restrict our use of your information
  • you can object to our use of your information due to your particular circumstances

Please note that some of these rights might be subject to limitations or exceptions.

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

What if I need to contact ETRM or have a complaint?

If you have any questions, concerns or requests in relation to our use of your information, please email us at pierre@etrmservices.com.

You can also complain about our use of your information to the UK’s Information Commissioner’s Office (https://ico.org.uk/global/contact-us/) – this applies wherever you are based. If you are based in another country of the European Union, you also have the option of complaining to the data protection authority in your country.