European Privacy Policy

MUSKET EUROPE LLC

MUSKET ENERGY UK LIMITED

MUSKET UK HOLDING LIMITED

PRIVACY NOTICE

1. INTRODUCTION

The Musket group of companies attaches great importance to data protection. This Privacy Notice is designed to assist you in understanding why and how we collect, process and use your Personal Data and provides information about your related rights.

We have based this Privacy Notice on the Swiss Federal Act on Data Protection (FADP)[1], the European Union's General Data Protection Regulation (GDPR)[2] and the UK GDPR as defined in the UK Data Protection Act 2018[3] (UK/GDPR).

2. WHO WE ARE

Musket Corporation (hereinafter "Musket Corp.") is a Houston-based company specialized in commodity supply, trading and logistics across North America and is part of the Love's group of companies.

The controller of your Personal Data is Musket Europe LLC[4], a Swiss-based limited liability company. Musket Energy UK Limited and Musket UK Holding Limited are two UK-based private limited companies.

The above companies are the European subsidiaries of Musket Corp.

If your personal data is collected offline and then placed in a filing system, then whichever Musket entity collects it will also be a controller of your Personal Data. Your Personal Data may be shared within the Musket and Love's group of companies as necessary and appropriate.

3. DEFINITIONS

· Musket means Musket Corp. and its European subsidiaries.

· Musket Europe means Musket Europe LLC, together with Musket Energy UK Limited and Musket UK Holding Limited.

· Online Properties means Musket's webpages including, without limitation, webpages under www.musketcorp.com, Musket's social media sites and all associated contents, functionality and services.

· Personal Data means all information relating to an identified or identifiable natural person.

· Processing means any handling of personal data, irrespective of the means and procedures used, in particular the collection, storage, keeping, use, modification, disclosure, archiving, deletion or destruction of data.

· Service providers means third-party companies that provide services to Musket.

· Website means www.musketcorp.com

4. SCOPE OF APPLICATION

This Privacy Notice applies to all individuals whose Personal Data we process (referred to as "you"), regardless of which channel you use to contact us (e.g. in one of Musket's entities, by phone, on our Website, via social network, at an event, etc.). It applies to the Processing of Personal Data that have already been collected and Personal Data that will be collected in the future by Musket Europe. It also addresses the way Musket Europe collects and processes Personal Data that is subject to the FADP, GDPR and/or UK/GDPR.

Our data processing activities may, in particular, affect the following categories of persons:

· Visitors to our Website;

· Individuals who use our services;

· Visitors to our premises;

· Individuals who contact Musket by any means.

This Privacy Notice applies to Online Properties, to Personal Data processed through the Website and to the Processing of Personal Data in the context of our business activities. The websites of third parties to which the Website may refer are subject to their own privacy notice.

If applicable, please also refer to the contractual provisions for individual services (e.g. general terms and conditions, terms of use, terms of services, etc.) or to individual agreements concluded with us as these may contain additional and more specific information about our Processing activities.

5. LEGAL GROUNDS FOR PROCESSING

We may process Personal Data if doing so is:

· necessary to safeguard legitimate interests;

· based on your consent;

· required for compliance with Swiss, UK, EU or other foreign legal obligations.

6. HOW DO WE COLLECT PERSONAL DATA?

We collect Personal Data from the following sources:

· Directly from you: we obtain Personal Data directly from you when you agree to disclose such data to us.

· Indirectly from other sources: we may obtain Personal Data about you from other sources, including Service providers, public registers and social media. Such data frequently includes behaviour data and technical data.

7. TYPES OF DATA WE PROCESS

You do not have to give us any Personal Data to visit the Website, but you may decide to give us information about yourself when you contact us or when you sign in as a user of the Website. We process the Personal Data about you that is necessary in order to fulfil the relevant purposes. We currently collect and process the following data:

Information we collect automatically:

· Technical and usage data: this data may be automatically collected when you access or use the Online Properties. This data includes your IP address, device identifier, Ad-ID, browser type, operating system characteristics, information about your use of the Online Properties, data regarding network connected hardware (e.g. computer or mobile device).

This information does not identify you personally and is used to help us to evaluate visitor traffic patterns and improve the Online Properties, by making our systems more responsive to the needs of the visitors. This technical and usage data alone generally does not allow us to identify you personally. However, in combination with user accounts' data, data collected during the performance of contracts, and/or preference data, it may be linked to you and potentially identify you.

Information you provide us:

We process information you provide to us directly via the Online Properties, by transmitting them to us or when you communicate with us on a voluntary basis.

· Personal information, such as your name, address, telephone number, email address.

· Contract data, that is Personal Data collected in connection with the conclusion or the performance of a contract with you or a company you represent.

· Business related information including job title, job level, company name, prior work history and other background information.

8. PURPOSES OF PROCESSING AND DISCLOSURE OF PERSONAL DATA

The following table summarizes the type of Personal Data we process, the purposes and legal basis for such Processing, and the legal entities with which we share it.

Purpose

Type of data

Lawful basis for processing

Who we share it with

To administer and protect our business and our Website (including troubleshooting, data analysis, testing system maintenance, support, reporting and hosting data).

(a) Identity

(b) Contact

(c) Technical and usage data (IP address, device identifier, Ad-ID, browser type, operating system characteristics, information about your use of the Online Properties, data regarding network connected hardware)

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent and detect fraud.

We share such personal data within Musket and third-party service providers, and website service providers.

Google Analytics

To use data analytics to improve our Online Properties, services, marketing, customer relationships and experiences

(a) Technical and usage data

(b) User activity and user preferences

Necessary for our legitimate interests (to keep our Online Properties updated and relevant, to develop our business and to inform our marketing strategy

We share such personal data within Musket and third-party service providers and website service providers.

Google Analytics.

To initiate and fulfil a contract with you

(a) Identity

(b) Contact

Necessary for our legitimate interests (to provide our products and services

We share such personal data within Musket and third-party website service providers.

To communicate with you and to respond to enquiries from you.

(d) Identity

(e) Contact

(f) Service history

(g) Any other data you provide us.

Necessary for our legitimate interests (to provide our products and services and to develop business relationships).

We share such personal data within Musket.

To update our records, to process for audit and to administer claims on our behalf.

(a) Identity.

(b) Contact.

(d) Technical and usage.

(e) Any other data you provide us.

Necessary for our legitimate interests (to provide our products and services, to comply with legal obligations

We share such personal data within Musket and third-party website service providers.

We may also disclose your information for the following grounds:

· in response to requests from local, state or federal law enforcement officials;

· in response to any judicial, administrative or similar proceedings such as a subpoena;

· when required by law;

· to protect and defend our rights, business, property, life, health, security and or safety of Musket Europe, the users of the Online Properties or any third party;

· in special circumstances including in connection with a fundamental corporate structure or ownership change or in response to a physical threat (actual or perceived) to an individual;

· to enforce this Privacy Notice or our Terms of Use Agreement;

· to verify the accuracy of your Personal Data.

9. DATA SECURITY

We have put in place appropriate measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

10. TO WHOM DO WE DISCLOSE PERSONAL DATA

If this is necessary for contract performance or in order to make use of the required services, we may disclose your Personal Data to Musket Corp. and Love's group of companies as well as to our employees, agents, vendors, consultants, Service providers and suppliers, unless we are otherwise notified by you (see clauses 13 and 16 of this Policy). Such third parties are contractually obliged to process your Personal Data exclusively on our behalf and in accordance with our instructions and must take suitable technical and organizational measures to safeguard the security of your Personal Data.

Please note that third parties may also process data in the capacity of independent controllers and for their own legitimate interests. This processing of data is subject to the third parties' own privacy notice.

11. PERSONAL DATA PROCESSING DURATION

We process and store your Personal Data for as long as necessary to fulfil the individual purposes for which the data were collected, for as long as we have a legitimate interest in storing them or for as long as they are subject to a statutory retention requirement.

In particular, according to Swiss law (article 958f of the Swiss Code of Obligations), we have the legal obligation to retain all business communication, concluded contracts and accounting records for up to ten (10) years.

12. COOKIES AND TRACKING TECHNOLOGIES

Cookies are small text files that are stored on your computer. Cookies are used on Musket's website in order to allow certain functions to be used, to make visiting the website attractive. Most of the cookies used (session cookies) are deleted from your hard disk at the end of the browser session. Other cookies remain on your computer and enable you to be recognised again when you make your next visit (permanent cookies. You can stop cookies from being stored on your browser by restricting or deactivating the storage and reading of cookies. Please note that you will not be able to use certain functions of the Online Properties without enabling cookies.

13. YOUR RIGHTS

Provided that the applicable conditions are met and that there are no applicable statutory exceptions, you have the following rights in relation to the Processing of your Personal Data:

· Right to information and access: you have the right to request information about the Personal Data we process about you and to request copies of it.

We will usually process your request within a statutory 30-day deadline. Please note that we may extend this deadline if we are dealing with a large volume of enquiries, for legal or technical reasons, or if we require more information about you to process your request. In such cases, you will be informed in writing.

· Right to rectification and erasure: you have the right to request the rectification and in certain circumstances the erasure of your Personal Data.

· Right to restriction of the processing: in certain circumstances you have the right to request that the Processing of your Personal Data be restricted.

· Right to object to processing: in certain circumstances you have the right to object to processing of your Personal Data.

· Right to data portability: in certain circumstances you have the right to request and receive the Personal Data you have provided to us or that we have automatically collected, in a structured, commonly used and machine-readable format or to request that we transfer this data directly to another organisation.

If you want to exercise one of your rights, please send your request, together with proof of your identity, to our Global Data Protection Officer (see clause 16 of this Policy). Please note that you are not usually required to pay any charge for exercising your rights.

Please note that the exercise of your rights may be restricted or excluded if the information you require has already been transmitted to you, if the Processing of your Personal Data is required by law or by other overriding interests. You will be informed in writing of the grounds for such exclusion or restriction.

You have the option to enforce your rights through a court or to submit a report to the relevant supervisory authority. The relevant supervisory authorities are the following:

· In Switzerland: the Swiss Federal Protection and Information Commissioner, (https://www.edoeb.admin.ch/edoeb/en/home.html).

· In the United Kingdom: the Information Commissioner's Office, (https://www.ico.org.uk)

We would, however, appreciate the chance to deal with your concerns before you approach the authority so please contact us in the first instance (see clause 16 of this Policy).

14. DISCLOSURE OF PERSONAL DATA ABROAD (OUTSIDE MUSKET CORP.AND LOVE'S GROUP)

Your Personal Data is processed mostly in Switzerland.

If we transfer your Personal Data to countries that do not provide the same level of data protection as Switzerland, we will ensure adequate protection of your Personal Data, especially by concluding data transfer agreements with the recipients of your Personal Data.

DATA PROTECTION MANAGER AND CONTACT INFORMATION

If you have any queries or concerns about this Privacy Notice, or if you want to enforce your rights, please contact our Global Data Protection Manager:

· By email: GDPR@loves.com

· By post: Musket Europe SARL

Attn: Information Security
c/o Centralis Switzerland GmbH

rue Arnold Winkelried 6
1201 Genève

15. CHANGES TO THIS PRIVACY NOTICE

This Privacy Notice may be updated over time, in particular if Musket changes its data processing activities or if new regulations come into force. We will actively inform individuals whose contact details are registered with us of any material changes to this Privacy Notice, provided that this can be done without disproportionate effort.

Version 4.0

Last updated: [30.07.2024]

[1] https://www.fedlex.admin.ch/eli/cc/2022/491/en

[2] https://eur-lex.europa.eu/eli/reg/2016/679/oj

[3] https://www.legislation.gov.uk/ukpga/2018/12/contents/enacted

[4] Also referred to as Musket Europe GmbH and Musket Europe SARL.

October, 2024