Overview
Article 5 of the GDPR States that Personal Data must be processed lawfully fairly and in a transparent manner. In line with the GDPR changes we are updating our Privacy Notice so you can better understand why and how we collect, process and destroy your data. We are committed to protecting and respecting your privacy. This policy (together with the Terms and Conditions and any other documents referred to in it) sets out the legal basis on which any Personal Data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.
What types of Personal Data do we collect?
We may control, process and use your Personal Data, which may include names, postal addresses, email addresses, telephone numbers or any other Personal Data that you provide to us. We may also, in appropriate cases and to the extent permitted by law, control, process and use certain special categories of Personal Data which are more sensitive in nature (e.g. when undertaking “Know Your Customer” (KYC) or anti-money laundering (AML) checks, we may collect information about any criminal conviction offence that you or the directors of any company might have committed).
Identity of the Firm
Its registered office is at Lake House, Market Hill, Royston, SG8 9AJ and is authorised and regulated in the UK by the Financial Conduct Authority (“FCA”) with firm reference number 999515. In the United States of America, Securities Products and Investment Banking Services are offered through BA Securities, LLC. Member FINRA SIPC. Merivel Capital Partners LLP and BA Securities, LLC are separate, unaffiliated entities. The members of Merivel Capital Partners LLP are registered representatives of BA Securities LLC.
Lawful basis for Processing
-Where we act as Data Controller, we rely on the following legal basis for Processing your Personal Data:
-Consent – if you are a recipient of our online direct marketing;
-Legitimate interests – if you are our client or prospect client, business affiliate, employee or potential employee, or our website visitor;
-Performance of contract- if you are our client, supplier, employee, akin to employee or business affiliate or our website visitor;
-Legal obligation – if we process Personal Data according to requirements of domestic legislation.
Where we act as Data Processor, we process Personal Data on behalf of Data Controller and we act on their written instructions.
Data protection officer
The Firm’s Data protection officer (the “DPO”) may be reached via our contact form.
Purpose of data collected
The personal information we collect is for the following legitimate interest:
-Provision of financial products and services;
-Administration of your investments;
-Promotion of ideas and events relating to services we provide;
-Accuracy of client records,
-Maintenance of records of communications and management of your relationship with us;
-To respond to your enquires;
-To comply with any present or future law, rule, regulation, guidance, decision or directive (including those concerning anti-terrorism, fraud, AML and anticorruption);
-To carry out, in appropriate cases, KYC checks and other procedures that we undertake prior to you becoming a customer of ours;
-Prevention and detection of fraud and other illegal activity or misconduct; and
-For informing you about compliance with legal and regulatory obligations and provide related guidance.
Who we share our information with:
We will not share personal information about you with third parties without your consent. We are required, by law, to sometimes pass on some of this Personal Data to:
-Law enforcement agencies; financial regulators and other relevant regulatory authorities; government bodies; tax authorities; courts tribunals and complaints/dispute resolution bodies;
-Other bodies as required by law or regulation; or
Related financial institutions such as trustees, custodians and sub-custodians; insurers; fraud protection agencies; and/or similar suppliers or service providers.
To fulfil our contract with you, the Firm may sometimes pass information to:
-IT services including client relationship management platforms; and
-Intra group to related affiliates also working on providing you with related services.
Retention
We will keep your Personal Data for no longer than reasonably necessary or required by law. We will retain your personal information in accordance with legal and regulatory requirements as set out in our Data retention policy.
Your rights and your Personal Data
You have a right:
-To request a copy of your Personal Data which the Firm or related data Controller holds about you;
-To request the Firm or any related data Controller to correct any Personal Data if it is found to be inaccurate or out of date;
-To request your Personal Data is erased where it is no longer necessary for the Firm or related data Controller to retain such data;
-To withdraw your consent to the Processing at any time if consent constitutes the lawful basis for processing;
-To object to Processing based on grounds relating to the Data Subject situation if the processing is necessary for the performance of a task carried out in the public interest or the processing is necessary for the purposes of the legitimate interest by us or a third party, unless such interest is overridden by your fundamental rights and interests;
-Not to be subject to a decision based on automated Processing; the Firm does not practice such decision making.
Further Processing
Where we may seek to further process your data other than for the original purpose for which it was collected, the Firm shall only further process such data where the new Processing is compatible with the original purpose.
Safeguarding measures
We take your privacy seriously and take every reasonable measure and precaution to protect and secure your Personal Data. We work hard to protect you and your information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures in place, including, without limitation, encryptions.
Special Categories of Data (if applicable)
Owing to the products and services that we offer, such as performance of KYC and other background checks, we sometimes need to process special categories of data which are deemed to be more sensitive in nature. Where we collect such information, we will only request and process the minimum necessary for the specified purpose and identify a compliant legal basis for doing so. Where we rely on your consent for Processing Special Categories Data, we will obtain your explicit consent through electronic means.
Legitimate Interests (if applicable)
We occasionally process your personal information under the Legitimate Interests’ legal basis. Where this is the case, we have carried out a Legitimate Interests’ Assessment (LIA) to ensure that we have weighed your interests and any risk posed to you against our own and that such interests are proportionate and appropriate such as for the purposes of HR, marketing and day-to-day operations.
Marketing
When sending marketing materials to customers, we may have the option to rely on your consent or legitimate interest.
We only use legitimate interests for marketing if we have assessed that the information being sent is beneficial to the customer, and have weighed our interests against your own and there is little to no risk posed, the method and content is non-intrusive, and the material being sent is something you would usually expect to receive.