Privacy Policy

Cunningham Commodities, LLC (“Cunningham” or “we”) values our customers, and maintaining customer trust and confidence is our highest priority. While it is necessary that we obtain accurate and current information about our customers in order to provide the highest level of customer service, we are dedicated to protecting the privacy and confidentiality of our customers’ information.

Cunningham will never sell your personal information to anyone. Cunningham, and its affiliates, will collect your personal information whenever you use our services or when you use our website. We promise that we will uphold the privacy policies and procedures as set forth below.

Information we collect about our Customers:

The personal information we collect includes information you provide to us voluntarily, or that is received from a broker you have chosen to use, when visiting our website, in the course of completing account opening applications (whether written or electronic) or in the ongoing provision of our services to you. This information may include the following:

  • Your name, address, date of birth, email address, phone number, social security number/tax identification number, a copy of your photo-ID, such as passport, drivers license, or national ID, a copy of a recent utility bill/bank statement (or similar) as evidence of your residential address, and bank account details. We may also collect your employment details, employment history, and financial information about you.
  • Information regarding your transactions with us, including your trading history at Cunningham, your history of meeting margin calls, or your use of the various services and products provided by us.
  • Information about your credit history and information that we may receive from your introducing broker or associated person and other consumer reporting agencies.
  • Information we collect indirectly from you, including information gathered through your interactions with our website. This information may include, Internet protocol ("IP") address, browser type, operating system, Internet service provider, and time stamps.

How we use the personal information we collect:

We collect, use, disclose, transfer and store your personal information when needed to conduct our business and to provide you with the best possible services and experience. We may also use your personal information to:

  • provide the services you have asked us to provide in order to perform our contractual obligations in relation to those services (including to process your futures trades and generate futures trading statements);
  • verify your identity and to set up and administer your account, provide technical and customer support and send you important account, subscription and service data, in order to perform our contractual obligations and to comply with our legal obligations;
  • deliver your daily and monthly statements to you;
  • determine if you have sufficient risk capital to trade futures and options on futures;
  • communicate with you about the services you have asked us to provide;
  • provide you with marketing and offers from us or any affiliates. If you are a resident of the European Economic Area (“EEA”) we shall send you such email communication where we have your permission to do so. In case you don't want to receive such communication from us in the future, please use the unsubscribe link within the email;
  • market our products and services to people like you, in accordance with our legitimate interests;
  • deliver tailored content such as news, research, reports, and business information and to personalize your experience with our services (using, for example, your location and trading history);
  • improve our services;
  • comply with our legal, contractual, and regulatory obligations as specified below; and,
  • We may also collect and use your non-personal, anonymised information for statistical purposes and analysis and to help us provide a better service.

Trade activity on the trading platform:

In order to meet our legal and regulatory obligations, and in accordance with our legitimate interests, we will monitor your trading activity, such as the frequency of your trading and number of trades, your monetary activity such as number of deposits/withdrawals, payment methods used, and your device information and IP.

Our legal obligations:

We may be required to retain and use personal information to meet our internal and external audit requirements, for data security purposes and as we believe necessary or appropriate: (a) to comply with our obligations under applicable law and regulations, which may include laws and regulations outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to monitor compliance with and enforce our trading platform terms and conditions; (d) to carry out anti-money laundering, sanctions or “Know Your Customer” checks as required by applicable laws and regulations; or (d) to protect our rights, privacy, safety, property, or those of other persons. We are also required to use and retain personal information after you have closed your account for legal, regulatory and compliance reasons, such as the prevention, detection or investigation of a crime, loss prevention, or fraud prevention.

Information we may share about our Customers:

We share or disclose your personal information when necessary to provide services or conduct our business operations as described below. When we share personal information, we do so in accordance with applicable data privacy laws and our internal security standards.

Below are the parties with whom we may share personal information and why:

  • Affiliated Companies - Cunningham may share personal information about our current and former customers with our affiliated companies for complying with regulatory obligations, the provision of services, account administration, sales and marketing, customer and technical support. In this case, your personal information will remain subject to the strictest confidentiality and data privacy protections. We may process personal information in connection with the website and trading platform in the following locations: United States, Bulgaria, Ukraine, and Israel.
  • Unaffiliated Companies (third-party service providers) - To the extent that we may engage unaffiliated companies to assist in providing us with services (e.g., such as software; system and platform support; direct marketing services; cloud hosting services; advertising; data analytics; and order fulfillment and delivery), such providers will be subject to stringent contractual requirements to maintain the confidentiality of any personal information they may obtain in connection with the performance of their services for us. We will make every effort to ensure that they receive the minimum amount of personal information necessary and will be allowed to retain that information only for as long as necessary in order to provide such services. Our third-party service providers are not permitted to share or use personal information we make available to them for any other purpose than to provide services to us.
  • Third parties for legal reasons - We may also disclose your personal information to a third party when you ask us to do so or when we believe it is required by law, such as:
    • To comply with legal obligations and respond to requests from competent government agencies, including law enforcement and other administrative public authorities, which may include such authorities outside of your country of residence.
    • To comply with an order of a competent Court, and which may include competent Courts outside of your country of residence.
    • In the event of a merger, sale, restructure, acquisition, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
    • To protect our rights, users, systems and services.

International transfers of personal information:

Due to the nature of our services and our trusted third-party providers, we may need to process your personal information in jurisdictions other than the United States. In such cases, we will ensure that the processing only takes place in jurisdictions that have been found to uphold an adequate level of protection regarding personal information or ensure that there are other legal mechanisms in place to ensure appropriate safeguards for the processing of the personal information.

Retention of your Information:

We will only retain your personal information for as long as we reasonably require it for legal or business purposes, subject to the minimum applicable regulatory retention period. In determining data retention periods, we take into account local laws, contractual obligations, and the expectations and requirements of our customers. When we no longer need personal information, we securely delete or destroy it.

Protection of your personal Information and Privacy:

Only authorized employees, agents, affiliates or service providers will have access to your personal information. Each of them is held to the highest standards of privacy and security.

We are committed to safeguarding and protecting personal information and implement and maintain appropriate technical and organizational measures to ensure a level of security appropriate to protect any personal information provided to us from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal information transmitted, stored or otherwise processed.

Cookies and other technologies:

Cookies are small text files consisting of encrypted information assigned to a computer’s browser. We use cookies on our website and trading platform that do not collect or transmit your personal information.

  • For users of the non-public areas of our website or electronic trading platforms that require a user ID and password, Cunningham may use cookies to identify you so that you do not have to input your password multiple times as you navigate our site.
  • Cunningham may also use cookies for administrative purposes, such as to maintain security on our site.
  • We may track your IP address and usage of our site and identify the name of the website you previously visited that directed you to our website. This information is used to improve the usability of our website and to provide you better products and services. We do not otherwise track any information about your use of other websites.
  • Non-personal information or anonymized/pseudonymized information obtained through cookies may be obtained by or shared with affiliates or service providers on our behalf.

Controlling your personal information:

We respect your rights to control your personal information and will facilitate the execution of your rights in accordance with applicable law, as specified in Annex A below.

Third party websites:

Our website may include links to other internet sites, content or videos maintained by third parties. We do not endorse such third party sites and are not responsible for the content of any third party sites. Please note that this privacy policy (“Policy”) does not extend to third party sites linked to this website, and we encourage you to check the applicable privacy policy of such third party sites to determine how they will handle any personal information they collect from you.

Children:

Our website, products and services are directed to people who are at least 18 years old. If you are under 18, do not use or provide any information on this website or through any of its features; do not register on the website, make any purchases through the website, or provide any information about yourself to us, including your name, address, telephone number, or email address. Cunningham does not knowingly collect personal information from a child and will delete such information if Cunningham becomes aware that such information has been provided.

If you believe that children have provided personal information to Cunningham, please contact us immediately at compliance@cunninghamllc.com.

Changes in Policy:

If this Policy changes you will be notified through the Cunningham website or in other appropriate ways.

Contacting us about this Policy or making a complaint:

If you have any questions or concerns about this Policy, or want to exercise your rights as a data subject as set out in this Policy, or would like to raise a complaint or comment, please contact our Privacy Team and the Data Protection Officer by emailing privacy@cunninghamllc.com.

When you email us you may be requested to provide some additional personal information, like your name, email address and residential address. We will use this data to verify your identity in order to be able to respond to your query, and so that we can meet our contractual obligations.

Emails are stored on our standard internal contact systems which are secure and cannot be accessed by external parties.

If you are not satisfied with our response or believe we are not processing your personal information in accordance with the law, you can escalate your complaint to the data protection supervisory authority in your jurisdiction. Contacts of the local European data protection supervisory authorities can be found here.


This Policy was last updated on February 10, 2022.




Annex A - Individual Rights


  1. California residents only:

    As a California resident you have the following rights:

    1. Right to Know (Right of Access): You have the right to request access to the personal information Cunningham collects on you. Upon receipt of such a request, we will give you access to your personal information (including a copy of it), unless any relevant legal requirements prevent us from doing so or other exemptions apply. Before providing access to you, we will ask you to prove your identity and give us sufficient information about your interaction with us so that we can locate any relevant data.

    2. Right to Delete: You may have the right to request that Cunningham delete any personal information about you that we have collected. If you request that we delete your personal information this will result in the automatic closure of your account and we will remove your personal information from active processing. However, we will be required to maintain your personal information to comply with our legal and regulatory requirements including, but not limited to, our record retention requirements.

    3. Right to Opt-out of the Sale of Personal Information: Cunningham does not sell your personal information. Except as described in this Policy, we will not otherwise disclose personal information to any third parties unless you have been provided with an opportunity to opt out of such disclosure.

    4. Right to Notification of Financial Incentive: Cunningham does not offer incentives for the collection, sale, or deletion, of personal information.


    You will not receive discriminatory treatment from us if you exercise any of the above-mentioned rights.

    To exercise any of the rights listed above please email privacy@cunninghamllc.com.

  2. EEA/ UK residents only:

    As per the General Data Protection Regulation (“GDPR”), we respect your right to access and control your personal data. We will respond to requests for personal data and, where applicable, will correct, amend, or delete your personal data.

    1. Access to personal data: We will give you access to your personal data (including a copy of it) on request, unless any relevant legal requirements prevent us from doing so or where other exemptions apply. Before providing access to you, we will ask you to prove your identity and give us sufficient information about your interaction with us so that we can locate any relevant data.

    2. Correction and deletion: You have the right to correct or amend your personal data if it is inaccurate or requires updating. You may also have the right to request us to delete your personal data. If you request that we delete your personal data this will result in the automatic closure of your account and we will remove your personal data from active processing. However, we will be required to maintain your personal data to comply with our legal and regulatory requirements including, but not limited to, our record retention requirements.

    3. Restrict processing: You have the right to control the use of your personal data for marketing purposes. In some other certain circumstances you can ask us to stop processing your personal data. However, this may result in us being unable to continue to provide you with access to the trading platform.


    We reserve the right to charge you a reasonable administrative fee for any manifestly unfounded or excessive requests concerning your access to your personal data, and for any additional copies of the personal data you request from us.

    For additional information regarding exercising your rights please click here.



Cunningham Commodities LLC., is registered with the U.S. Commodity Futures Trading Commission as Futures Commission Merchant and is a member of the National Futures Association (NFA ID 0001398) and organized under the laws of the State of Illinois. Our address is: 500 Park Blvd., Suite 1275, Itasca, IL 60143.

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