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.
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:
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:
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.
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.
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:
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.
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.
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 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.
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.
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.
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.
If this Policy changes you will be notified through the Cunningham website or in other appropriate ways.
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 January 2023.
Residents of certain U.S. states, including California, may have the following rights, subject to the applicability of such states’ privacy legislation to Cunningham:
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.
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.
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.
Right to Notification of Financial Incentive: Cunningham does not offer incentives for the collection, sale, or deletion, of personal information.
Right to Correct: You have the right to correct inaccurate personal information that Cunningham has about you.
Right to Limit: You have the right to limit the use and disclosure of sensitive personal information collected by Cunningham about you.
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.
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.
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.
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.
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