1. For which purposes and on which legal basis is data being collected and processed?
BroadGrain will not use personal data for any purpose incompatible with the purpose for which it was initially collected unless you provided your prior consent for further use. The purpose for which personal data is collected and used are as follows:
1.1 To fulfill contractual obligations
BroadGrain collects personal data to fulfill contractual obligations by providing products or services to clients (e.g. to purchase grain from a producer, or sell grain to a customer). This can be for pre-contractual measures order fulfillment, payment and invoicing for goods and services, contacting customers and contacting vendors/suppliers. BroadGrain will also collect personal data through telephone recordings, credit agencies, financial institutions, reference sources, clearinghouse services and other third parties.
Telephonic recordings and monitoring are required for quality control and training purposes as well as to evidence business transactions. A pre-recorded message informs callers that their call may be recorded for quality assurance purposes. After hearing this message, a caller’s decision to continue with the call is considered their implied consent to record the call. Outbound calls to clients may also be recorded for similar purposes.
Personal data collected will be limited to that which is necessary for valid business purposes.
1.2 To fulfill legal obligations
BroadGrain processes personal data to meet legal and regulatory requirements (e.g. to respond to a court order). BroadGrain may be required to process data due to regulatory requirements which BroadGrain is subject to as a commodity trader, grain elevator operator and customer of financial services. This may also be due to litigation or arbitration, including employment tribunal proceedings, and protecting BroadGrain against liability.
Where permitted or required by law, BroadGrain employees may collect, use or disclose personal data without your knowledge or express consent, for issues including without limitation debt collections, dispute resolution, or insurance obligations.
1.3 As part of your consent
BroadGrain will process data taken for a specific purpose and only within the scope set out in the consent form or as implied based on the reasonable expectations of the client. Use of BroadGrain products and services constitutes implied consent for BroadGrain to collect, retain and use customer personal data for the purposes identified in this policy. Moreover, if you apply to a BroadGrain position by submitting your personal data, you are also providing your consent.
You may withdraw your consent at any time, which will then be effective for the future. Withdrawing or withholding consent may impact the products and services BroadGrain is able to provide you.
Examples of such cases where consent is obtained are the evaluation of your data (such as name, account turnover data and the like) and the query of external credit databases, in order to anticipate your credit rating for credit applications. In recruitment, your submission of a cover letter, resume or references will be considered as personal data obtained through your consent.
1.4 To safeguard legitimate interests in general
Data processing may be carried out to protect the legitimate interests of BroadGrain or third parties. Examples of such cases are:
- To establish and maintain a responsible commercial relationship with a customer and provide the customer with ongoing service (e.g. to confirm the identity of a customer or to determine creditworthiness);
- To manage and develop BroadGrain’s business and operations (e.g. to guide new project development and resource allocation);
- Phone records (for quality assurance or complaint cases);
- To evaluate risk and protect against default through the exchange of data with credit bureaus for the determination of creditworthiness or default risks;
- Video surveillance of workplace areas, including facilities, corridors, interior/exterior entrance areas to collect evidence in case of crime or accident especially to protect visitors and employees;
- Measures to protect customers and employees as well as to secure the property of BroadGrain and to prevent, contain and investigate criminally relevant conduct;
- Measures for sanctions checks and compliance checks, control evaluations and audits.
- For security, credit or fraud prevention purposes;
- Asserting legal claims and positions in legal disputes, including land titles registries searches;
- Ensuring the IT security and IT operations of the BroadGrain;
- Managing health and safety incidents;
- In the event of a change of ownership or business combination such as a merger or joint venture. Confidentiality agreements shall be in place to use personal data in a manner consistent with this policy;
- For BroadGrain employees, BroadGrain may process information for the administration of its workforce, including without limitation information to pay its employees, provide benefits, or make accommodations.
- Disclosure of personal data may occur without knowledge or consent if seeking consent defeats the purpose of the disclosure (eg. investigating the breach of the agreement, contravention of law, compliance with a court order).
1.5 To safeguard legitimate interests in the marketing of our services
BroadGrain processes data to serve our interest in marketing our services. This includes
- To understand, develop markets, promote operations and meet customer needs and preferences and/or determine eligibility for products, and services (e.g. to provide customer service, create and maintain customer databases or facilitate market analysis based on records of purchases, to tailor BroadGrain products/services to customer needs), which may include analysis of executed transactions.
- To develop services and products that are tailored to your interest, as well as further improving the usability of our services;
- To send general newsletters on service, products and related market information;
- To contact you with special offers and other information BroadGrain believes will be of interest to you.